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New Jersey Medical Malpractice Questions & Answers
2 Answers | Asked in Medical Malpractice and Personal Injury for New Jersey on
Q: Options for a left catheter issue after kidney stone surgery causing pain.

I underwent kidney stone surgery two years ago, and the doctor left a catheter inside me. I didn't experience any complications immediately after the surgery, but I've started experiencing significant pain recently. I've now scheduled surgery at another hospital to have the catheter... View More

Tim Akpinar
Tim Akpinar
answered on May 27, 2025

I'm sorry for your ordeal. You ask about options. Your best option would probably be to arrange a consult with a New Jersey med mal firm to discuss in further detail. Free, no-obligation initial consults are the norm in the industry. Don't delay further, as you mention a surgery that... View More

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2 Answers | Asked in Medical Malpractice for New Jersey on
Q: My father was diagnosed with congestive heart failure and died about 6 months later. He wasn’t feeling well and went to

The hospital during Covid. The doctors refused to see him until he was cleared from having Covid. He died the first night he was there without seeing anyone. I feel as though he never had a chance to survive. Is there any legal action I can take?

Joel Gary Selik
Joel Gary Selik
answered on Sep 5, 2024

Malpractice is where the doctors act below the standard of care. Another doctor would have to evaluate the facts to determine if they acted below the standard of care.

Additionally, an attorney would have to determine if the amount of a potential recovery warrants a lawsuit considering the...
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2 Answers | Asked in Medical Malpractice for New Jersey on
Q: My father was diagnosed with congestive heart failure and died about 6 months later. He wasn’t feeling well and went to

The hospital during Covid. The doctors refused to see him until he was cleared from having Covid. He died the first night he was there without seeing anyone. I feel as though he never had a chance to survive. Is there any legal action I can take?

Tim Akpinar
Tim Akpinar
answered on Sep 2, 2024

I'm very sorry for the loss of your father. Unfortunately, admissions and other activities involving hospitals during the height of the pandemic became unraveled in some ways. The standard applied would be whether there was a departure from an acceptable standard of medical care. Making that... View More

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2 Answers | Asked in Medical Malpractice and Personal Injury for New Jersey on
Q: Found out 3/16/24 I have medical clips in my abdomen. I requested all my hospital records
Tim Akpinar
Tim Akpinar
answered on Jul 4, 2024

I'm sorry for your ordeal. There wasn't a question included, but it's clear you're wondering about your legal rights. Hopefully, you should receive your records without delay if everything was in order with the request (authorizations or any other forms), and it was made to the... View More

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2 Answers | Asked in Medical Malpractice and Personal Injury for New Jersey on
Q: Found out 3/16/24 I have medical clips in my abdomen. I requested all my hospital records
John Michael Frick
John Michael Frick
answered on Jul 5, 2024

Medical clips are generally inert and rarely cause harm to a patient. In some cases, leaving medical clips inside a patient may not be a departure from the accepted standard of care. Even if it is, in most cases, leaving medical clips behind inside a patient will not cause injuries sufficient to... View More

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1 Answer | Asked in Medical Malpractice and Personal Injury for New Jersey on
Q: need to obtain detailed medical records from Hospital.

My daughter has spent the last year trying to understand why her mother had a reaction after her reclast infusion on 3/27/23. We are trying to understand why she had the reaction by comparing apples to apples, which we cannot do because her medical record information does not match the clinical... View More

Tim Akpinar
Tim Akpinar
answered on Jun 26, 2024

Before turning to attorneys, it could be worth checking if the records are maintained by a single entity. Ordinarily, with a properly completed authorization, you should be able to obtain records. If the doctors or other medical providers maintain separate recordkeeping and billing operations than... View More

1 Answer | Asked in Medical Malpractice and Health Care Law for New Jersey on
Q: Is it worth it to pursue a doctor's office if a medical professional violated my consent with testing?

My gyno asked if I wanted STI screening, I said no.

I received a bill later that during the papsmear they had also run an STI check and I'm being billed for it.

Is it worth it to pursue this?

Tim Akpinar
Tim Akpinar
answered on May 6, 2024

Probably not. Although your frustration is understandable, the issue that arises will be the amount of damages you suffered as a result of running tests that insurance would probably pick up. But that's only an individual opinion. Other attorneys might see things differently - you could try to... View More

1 Answer | Asked in Criminal Law, Personal Injury, Medical Malpractice and Wrongful Death for New Jersey on
Q: wife was given 50mg fentynol and 200 mg morphine, went into coma and dieddoctors did not agree on dosage.....

25/100mg would have been more than enough for pain...intentional overdose

Tim Akpinar
Tim Akpinar
answered on Apr 20, 2024

I'm very sorry for the loss of your wife. Based on the brief post, it seems likely you are wondering about your legal rights. You could try to set up a consult with med mal/wrongful death law firms to discuss further. Most firms that handle such cases offer free initial consults. In addition... View More

1 Answer | Asked in Criminal Law, Personal Injury, Wrongful Death and Medical Malpractice for New Jersey on
Q: doctors and nurses overdosed my wife with 50mg fentynol and 200 mg morphine...result coma and death..death cert says

death cert says natural causues..not true..some doctors agreed with me ...overdose

Louis A Casadia
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answered on Apr 19, 2024

You should speak to a civil plaintiff attorney that specializes in medical Malpractice. Some of the bigger firms have lawyers on staff who are also medical professionals. Using you to request medical records on behalf of your wife they should be able to assess whether their is a viable case to... View More

1 Answer | Asked in Military Law, Medical Malpractice, Nursing Home Abuse and Personal Injury for New Jersey on
Q: Can I sue the VA for misdiagnosis and lack of treatment over 50 years?

I contracted a parasite in Vietnam, but the VA has misdiagnosed it as acne for over 50 years. Despite showing them the parasite and its stages, and even having it preserved in a jar, they refuse to send it to a lab for identification, which is crucial for proper medication. This neglect has led to... View More

James L. Arrasmith
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answered on Jul 6, 2025

Yes, you may pursue legal action against the Department of Veterans Affairs under the Federal Tort Claims Act (FTCA) for medical malpractice, including misdiagnosis, delay of care, and harm caused by negligent treatment. However, before filing a lawsuit, you must first submit an administrative... View More

Q: How can I change my public defender for a pro bono lawyer in my trial case in NJ?

I have been involved in a legal case for nearly five years, which has resulted in multiple changes in lawyers, prosecutors, and judges. Currently, I am represented by a public defender who I feel is not equipped or experienced enough to handle my trial, especially after noticing his difficulties in... View More

James L. Arrasmith
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answered on Jun 23, 2025

You can ask the court to assign a new attorney if you believe your current public defender is not providing adequate representation. To do this, you must file a written request with the judge presiding over your case, clearly explaining your concerns. Mention specific instances where your defender... View More

Q: Seeking legal advice on fabricated accusations and medical situation affecting hearings.

I have traveled from Europe for six hearings in the US over the past two years. I am currently undergoing medical procedures in Europe, including treatment for advanced double cataracts, which are financially unmanageable in the US. During these hearings, I was never questioned and did not have the... View More

Mark Cheser
Mark Cheser
answered on May 24, 2025

MOre information is needed. Are you a US citizen? What is your question? What are the hearings? Why were incarcerated? Why were you released? It sounds like an immigration attorney may be a better bet.

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1 Answer | Asked in Personal Injury and Medical Malpractice for New Jersey on
Q: Do I have a Medical Malpractice lawsuit?

I went to the ER on 12.6.22 for a cold and chest pains. I was given some meds and sent home. The following week, I woke up in that same hospital. I have no memory of how I got there. I was told by doctors and my family that I was mentally checked out. I didn't know my name, my children's... View More

James L. Arrasmith
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answered on May 15, 2025

What happened to you sounds deeply frightening and traumatic. Waking up without memory, unable to recognize your loved ones, and learning later that powerful medications were involved without your clear understanding is not something anyone should have to go through. If your medical records show... View More

1 Answer | Asked in Medical Malpractice and Personal Injury for New Jersey on
Q: Do I have a medical malpractice claim for wrong medication causing memory loss in NJ?

I went to the ER on December 6, 2022, for a cold and chest pains. I was given some medication and sent home. The following week, I woke up in the same hospital without any memory of how I got there. I was informed by doctors and my family that I was mentally disoriented and unable to recognize my... View More

James L. Arrasmith
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answered on May 15, 2025

What you experienced sounds terrifying, especially waking up without any memory and learning you had been mentally disoriented for days. If your medical records confirm that you were given medications that were not appropriate for your condition—or administered without your informed consent—you... View More

1 Answer | Asked in Medical Malpractice, Wrongful Death and Personal Injury for New Jersey on
Q: What legal actions can I pursue after my wife's coma and passing related to fentanyl and morphine treatment at a medical facility in NJ?

In 2023, my wife received cancer treatment at two facilities. At the last facility, she was given fentanyl and morphine, which led to her being in a coma. Despite my objections to the amount of medication, and my appeals to nurses, doctors, and even the CEO, my concerns were largely dismissed,... View More

James L. Arrasmith
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answered on May 14, 2025

I’m deeply sorry for your loss. What you experienced—watching your wife slip into a coma and feeling your concerns were ignored—must have been heartbreaking and infuriating. When a patient is given powerful medications like fentanyl and morphine, the medical staff has a duty to use careful... View More

Q: Seeking legal advice on fiancé's unexplained death at NJ Transit property and withheld toxicology report.

My fiancé passed away on October 27, 2024, sitting on the stairs leading to the westbound platform at Newark Broad Street Station on NJ Transit property. Six months later, we have not received the toxicology report or cause of death, and we suspect there may be information being withheld. Despite... View More

James L. Arrasmith
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answered on May 14, 2025

What you’re going through is heartbreaking, and not having answers only adds to the pain and confusion. After six months with no toxicology report or clear cause of death, your concern is entirely valid. When a death happens on public property, especially under unusual circumstances, authorities... View More

1 Answer | Asked in Medical Malpractice and Wrongful Death for New Jersey on
Q: Medical malpractice for delayed cancer diagnosis leading to death?

I am seeking advice on whether medical malpractice occurred due to a delay in diagnosing my wife's cancer. Initially, several doctors misdiagnosed her condition as arthritis and osteoporosis for two months, even though she was suffering from broken ribs. They prescribed numerous medications... View More

James L. Arrasmith
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answered on Apr 13, 2025

I'm deeply sorry for your loss. In this case, it does sound like there could be grounds for a medical malpractice claim. If multiple doctors misdiagnosed your wife’s condition despite clear symptoms, this could be considered negligence, especially if the delay in diagnosis caused the cancer... View More

1 Answer | Asked in Medical Malpractice and Personal Injury for New Jersey on
Q: How can I address delayed communication from my mother's doctor's office regarding her cancer gene test results in NJ?

My mother was diagnosed with rectal cancer and underwent chemo, radiation, and surgery. Blood was drawn for a gene test, but a month later, we were informed that the results wouldn't be released because the office forgot to have her sign a responsibility-for-payment form. After she signed, we... View More

James L. Arrasmith
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answered on Apr 13, 2025

You may have grounds to pursue a complaint or even legal action against your mother’s doctor’s office for the delayed communication of her test results, which potentially led to her condition worsening. The failure to promptly notify you of the test results and the delay in receiving treatment... View More

2 Answers | Asked in Medical Malpractice, Civil Litigation and Personal Injury for New Jersey on
Q: Use of deposition testimony at trial in NJ medical malpractice case

I'm preparing for trial in a complex medical malpractice case in New Jersey. I've obtained helpful testimony from a doctor during depositions showing that he did not adhere to the standard of care. The doctor is expected to testify live at trial. Can I use this deposition testimony during... View More

Gerald D. Siegel
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answered on Apr 11, 2025

You will probably have to get permission from the court to use it in opening. You can certainly read the deposition of the party doctor on your direct case, and or use it to cross-examine. You can read from it in summation.

that being said, consider not reading from it in your opening. See...
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1 Answer | Asked in Personal Injury, Wrongful Death and Medical Malpractice for New Jersey on
Q: my wife broke 3 ribs JAN 8, 2023 doctors diagnosed arthrits until Mar 2 when it changed to cancer

2 months wasted that she could have radiation and chemo

can we hold doctors liable for delay?

she passed away Aug 4

Michael J. Mandelbrot
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answered on Jan 8, 2025

Hi - I'm very sorry for your loss. If they had properly diagnosed your wife, it is speculative whether 2 months of treatment may have made a difference. However, the type of cancer she was diagnosed with may qualify her for compensation. Please reach out to me privately and let me know and I... View More

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