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New Jersey Medical Malpractice Questions & Answers
1 Answer | Asked in Medical Malpractice for New Jersey on
Q: I have a major medical malpractice case including misdiagnosis of cervical cancer, deviation from the standard of Care.

I can't afford an attorney this is resulting in major surgery including a total hysterectomy and I am 32.

Tim Akpinar
Tim Akpinar answered on Aug 8, 2019

I'm sorry about your ordeal. Being able to afford or not afford an attorney is a non-issue in med mal cases. Most attorneys who handle such cases work on a contingency basis, meaning that you do not pay them a retainer or hourly fee. Their fee materializes upon a successful verdict or settlement... Read more »

3 Answers | Asked in Products Liability and Medical Malpractice for New Jersey on
Q: Hi! I would like to know if I have a case for product liability for a broken screw from my spinal stenosis surgery ?

I’ve been having excruciating pains in my lower back ever since I had my spinal stenosis surgery in 2015. My doctors advised me that with proper physical therapy and epidural injections I would feel back to normal. On 6/14/2019 I had a Ct scan and last week the doctors compared it to a 2018 CT... Read more »

Noel Rivers
Noel Rivers answered on Jul 16, 2019

It's hard to evaluate some cases without a more thorough review of all of the facts involved in the potential case. Though personal injury is not my main area of specialty, I work with an attorney who has extensive experience in helping people recover money in personal injury actions. He would be... Read more »

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1 Answer | Asked in Personal Injury and Medical Malpractice for New Jersey on
Q: Is my dermatologist liable for not recognizing a bump which was a malignant melanoma for over a year and a half?

I notified the dermatologist about the bump and she didn't think it was anything important. For over a year covering three appointments this bump was discussed and no action was taken. I finally asked to have it biopsied and that's when they found out it was malignant melanoma. I had a serious... Read more »

H. Scott Aalsberg Esq.
H. Scott Aalsberg Esq. answered on Jun 30, 2019

Yes it sounds like you may have a good case against your dermatologist for failure to diagnose, however you also have to worry about waiting too long as you may lose the right to sue for your injuries/damages. I suggest setting up an appointment with a good lawyer ASAP, most offer free in office... Read more »

1 Answer | Asked in Medical Malpractice for New Jersey on
Q: My son was tested 'Negative' for a hearing test in NJ hospital. When we went to another one he tested 'Positive'

Could you please advise about my options here (for suing) or next steps? My family was in utter grief and pain when we heard the results from the first hospital. And which department of law would this type of issue typically falls under?

Thanks for your time and help!

-Rb

Peter N. Munsing
Peter N. Munsing answered on Jun 19, 2019

there is a variablity in hearing tests. Suggest you speak to a hearing specialist to determine what the reason for the differences are.

Merely giving you a report of what they found isn't actionable. There is no harm to your son from having differential test results. There may be some...
Read more »

1 Answer | Asked in Medical Malpractice for New Jersey on
Q: Can I sue Massage Envy for damaging my face with a chemical peel? My face is 10x worse since my first visit.
Marc S. Berman
Marc S. Berman answered on Feb 7, 2019

I’m so sorry to hear about your experience. I would need more details, and before and after photos of your face, to answer your question properly. You should consult an experienced New Jersey personal injury attorney immediately for a free consultation. You can easily find one of us on... Read more »

1 Answer | Asked in Legal Malpractice and Medical Malpractice for New Jersey on
Q: My wife recently had an abortion but it was not completely done correct left over tissues were left is the malpractice?
Peter N. Munsing
Peter N. Munsing answered on Jan 9, 2019

Depends on what happened, the fallout. Short answer: not necessarily. Suggest you contact a member of the NJ Assn for Justice who handles medical cases--they give free consults.

1 Answer | Asked in Medical Malpractice for New Jersey on
Q: If a physician is retired from seeing patients yet serves as a collaborative physician, is it necessary to carry med-mal

Is medical license renewal dependent upon carrying malpractice insurance in New Jersey? Can I maintain my license without it if I am not seeing patients?

Peter N. Munsing
Peter N. Munsing answered on Jan 9, 2019

Generally you would be well advised to get insurance that protects you. I think you need professional negligence consultation given the high cost of insurance & the high cost of exposure or potential exposure.

1 Answer | Asked in Personal Injury, Products Liability and Medical Malpractice for New Jersey on
Q: I was injured physically during a mammogram after X-rays a & MRI I have a superior labral tear in my shoulder

I am under orthopedic doctors care since September

Tim Akpinar
Tim Akpinar answered on Dec 13, 2018

Consult with a medical practice attorney in New Jersey. An attorney could request your medical records and examine the matter in greater detail.

Tim Akpinar

1 Answer | Asked in Personal Injury, Civil Rights, Health Care Law and Medical Malpractice for New Jersey on
Q: it is complicated so I'll try to make it short. I am disabled, primary disabilities are severe anxiety and depression

I came up on JSUM Center wait list for charity care dental in 7.2017. I only recently remembered this as I had to go in for an emergency appt and said I recalled that I should already be on the list. Short of it is they have lied even while I found original pw, found out via human relatios that... Read more »

H. Scott Aalsberg Esq.
H. Scott Aalsberg Esq. answered on Nov 27, 2018

Unless it is a public entity a dentist does not have to treat you and can refuse you as a patient or make you wait.

3 Answers | Asked in Personal Injury, Health Care Law and Medical Malpractice for New Jersey on
Q: I was injured during a mammogram in 8/01/2018. After an X-ray & ortho visits & an MRI , I have a superior labral tear

in my shoulder . have had injections for pain and PRP procedure. still in pain. next is EMG. so much pain. shoulder arm , nerves , hand . all threw my right arm. Orthopedic doctor feels surgery now if the PRP does not give me healing benefit

this injury was cause by the X-ray machine... Read more »

H. Scott Aalsberg Esq.
H. Scott Aalsberg Esq. answered on Nov 15, 2018

Sounds like you may have a case for malpractice or maybe even assault much more information would be needed however I would suggest setting up a consultation with an experienced lawyer.

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1 Answer | Asked in Medical Malpractice for New Jersey on
Q: Are screws and skin staples that were on CT, MRI, blood and fluid cultures a malpractice case?

My dad had knee replacement December 2017. He went to rehab came home & fell. February 2018 he ruptured the quad & had surgery Went to rehab & he reruputed after several days.

My dad had another quad repair to find he had an infection in the knee. The replacement was removed & a antibiotic... Read more »

Marc S. Berman
Marc S. Berman answered on Jun 4, 2018

I’m so sorry to hear about your dad's experience. You should immediately consult an experienced New Jersey attorney who accepts medical malpractice cases. You can easily find one of us on Justia.com. Your dad may well have a case, but the medical records need to be reviewed to be sure. Most... Read more »

1 Answer | Asked in Medical Malpractice for New Jersey on
Q: How would I pursue a suit of medical malpractice against a hospital
H. Scott Aalsberg Esq.
H. Scott Aalsberg Esq. answered on May 22, 2018

The best way is to hire a good lawyer, but generally before a lawyer will take most malpractice cases they want proof of malpractice unless it is so obvious like leaving a scapel in side the person or the person had bed sores etc.

1 Answer | Asked in Criminal Law and Medical Malpractice for New Jersey on
Q: In NJ can a DAG get medical info on someone without a warrant, without a medical release signed by the patient.

cont. and the following circumstances DID NOT APPLY ( These circumstances include (1) law enforcement requests for information to identify or locate a suspect, fugitive, witness, or missing person (2) instances where there has been a crime committed on the premises of the covered entity, and (3) in... Read more »

Leon Matchin
Leon Matchin answered on May 16, 2018

That is very complicated question requires thorough review and analysis but you didn't mention whether or not they had a GJ subpoena or not. An answer to a complicated legal matter such as this will be decided once you file motion to suppress and brief the law to the facts of the case. Let the... Read more »

1 Answer | Asked in Contracts, Employment Law, Workers' Compensation and Medical Malpractice for New Jersey on
Q: Patient abandonement?

Is the driving EMT guilty of "patient abandonement" if he leaves a completley stable & oriented patient with little chance of deteriorating with the treating EMT at a dr's office for a "wait & return" transport, to drive to get food taking 9-12mins? He hadnt eaten in 17 hours & dispatch hadnt given... Read more »

H. Scott Aalsberg Esq.
H. Scott Aalsberg Esq. answered on Apr 20, 2018

I can't speak to the employment law issues, but if the patient was injured or suffered any loss it could actually be criminal in nature. Your responsibility to the patient is separate from you employers duty to you.

2 Answers | Asked in Medical Malpractice for New Jersey on
Q: Hi, is there a way to get metadata for medical records? I suspect that medical records are missing?
Marc S. Berman
Marc S. Berman answered on Apr 11, 2018

Probably, but you likely would have to file a lawsuit. If you think that you may have a medical malpractice claim, speak to a lawyer immediately. You can find one of us on this site. There are deadlines to take legal action. If you miss a deadline, you will never receive compensation. Good luck.

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1 Answer | Asked in Consumer Law and Medical Malpractice for New Jersey on
Q: What legal recourse do I have against a dental practice that has for over a year refused to submit my claims ?

The dental practice has not submitted complete claims, about $2,000.00 .I have been for over a year trying to get this dental practice to submit these claims. My insurance company has also been trying to get them to cooperate but to no avail. I believe it is retribution for filing a complaint... Read more »

H. Scott Aalsberg Esq.
H. Scott Aalsberg Esq. answered on Mar 20, 2018

Your right it could be, but many dentists make you sign a waiver that states its your responsibility to file any claims and if they do it, it is as a courtesy, not a right.

2 Answers | Asked in Medical Malpractice for New Jersey on
Q: What is the standard of care for a failure to diagnose a disease in NJ? I think my mom might have a strong case.
H. Scott Aalsberg Esq.
H. Scott Aalsberg Esq. answered on Feb 23, 2018

In general the standard of care for physicians is determined by. what members of the same profession would do in a similar situation within the same geographic area. That being said much more information would be needed to tell you whether you have a strong case and even if you have a strong case... Read more »

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1 Answer | Asked in Contracts, Medical Malpractice and Health Care Law for New Jersey on
Q: My doctor’s office is billing for not showing up to my appointments but I never signed anything and they didn’t tell me

They didn’t tell me that they charge 50$ per no show. How is this legal?

H. Scott Aalsberg Esq.
H. Scott Aalsberg Esq. answered on Feb 15, 2018

It is not legal unless you agreed to it. However, most if not all doctors make you sign that you will pay for all missed appointments with your first appointment paperwork.

1 Answer | Asked in Civil Litigation, Medical Malpractice and Workers' Compensation for New Jersey on
Q: Should my current employer workers compensation adjuster or Medical examiner question me about a previous settlement

The workers comp adjuster and medical examiner question me about my previous settlement and cases for a different company that happen years ago. Is it illegal to do such a thing. Seeing that the IME will determine my value of the nature of my injury

H. Scott Aalsberg Esq.
H. Scott Aalsberg Esq. answered on Jan 27, 2018

This question is best answered by your workers compensation lawyer, that being said it would be perfectly relevant because in workers compensation they need to know about any pre-existing claims so they determine whether this is a re-injury and to see if you have already been compensated for the... Read more »

1 Answer | Asked in Contracts, Medical Malpractice, Small Claims and Health Care Law for New Jersey on
Q: After switching doctors and then coming back 1-2 years later, are the forms/contracts I signed initially still valid?

I switched insurances and because my doc was out of network I had to change docs.Then, a year later, I got a new job and she was back in my network so I made an appointment with her via ZocDoc (a 3rd party app).

The night before, I had to cancel and reschedule on Zocdoc.Unbeknownst to me,... Read more »

Leonard R. Boyer
Leonard R. Boyer answered on Dec 7, 2017

Call State Board of Medical Examiners. William Roeder

Executive Director

Board of Medical Examiners

P.O. Box 183

Trenton, New Jersey 08625

Tel No. (609) 826-7100

They should be able to fix your problem.

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