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New Jersey Medical Malpractice Questions & Answers
1 Answer | Asked in Contracts, Medical Malpractice and Small Claims for New Jersey on
Q: Can the doctor fine me a 24-hr cancellation fee for an appointment their office mistakenly cancelled within 24 hours?

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 »

H. Scott Aalsberg Esq.
H. Scott Aalsberg Esq. answered on Dec 6, 2017

You have a good argument on your side, but a lawyer would need to see your original signed cancellation agreement to know what your rights are, plus the zocdoc policy. This review would probably cost more than just paying the $100 fee to the doctor.

1 Answer | Asked in Medical Malpractice for New Jersey on
Q: Potential medical malpractice suit, no interest from attorneys.

My girlfriend went to the ER with severe abdominal pain and was sent home with only blood and urine tests conducted and a misdiagnosis of a urinary tract infection with instructions to consult her primary care physician the following day. She was rushed back to the hospital the following morning... Read more »

Peter N. Munsing
Peter N. Munsing answered on Jul 7, 2017

You can consult a few more attorneys--members of the NJ Justice Assn provide free consults. The problem is that it is expensive to bring a malpractice case, and her damages are not equal to the costs of bringing that type of claim.

However, if she is being asked to pay the first hospital...
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2 Answers | Asked in Personal Injury, Products Liability and Medical Malpractice for New Jersey on
Q: I was put on bone meds for many years and lost more densitity each year. I lost had bones and still am.

Can I bring law suit against these co? Fosamax, actonel etc. For my skeleton not jaws??? I've been diag with intractable pain due to demineralized bones and failure spine fusions.

H. Scott Aalsberg Esq.
H. Scott Aalsberg Esq. answered on Apr 30, 2017

Yes you can bring a law suit the question is can you win, and even more importantly can you find a lawyer who would take the case as these cases are very expensive to prosecute against a drug company with deep pockets. Thus a lawyer would probably want a retainer up front and a portion of the suit... Read more »

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1 Answer | Asked in Medical Malpractice and Wrongful Death for New Jersey on
Q: Do we have a malpractice case?

Hello, My relative died a week ago after bowel perforation surgery (less than a week after surgery). We took him to ER and after looking at his x-rays they determined that there were holes in his bowel. Emergency surgery was done and he passed away within a week. He had medical condition for last... Read more »

Peter N. Munsing
Peter N. Munsing answered on Feb 18, 2017

Indeed you should. Gerald Baker and Tom Vesper are such attorneys--tell them I suggested you call. Generally you want to speak with a NJ Assn for Justice member who handles malpractice cases--which they do. They give free consultations.

They will ask about approximate dates so make the...
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1 Answer | Asked in Medical Malpractice for New Jersey on
Q: I found out after the Statue that my Spine was destroyed by the Surgeons who did my surgery. I have a lawyer but he is

telling me he needs to hear from a Dr. that it is Malpractice that it is required in NJ? My Spine is severely damaged. Is that true?

Peter N. Munsing
Peter N. Munsing answered on Jan 9, 2017

Yes it is. Understand if the lawyer takes your case --which it sounds like he has--he must believe in it because malpractice cases are extremely hard to bring because the medical lobby is very strong. They are complicated, and as you have been told it is on your side, through dotoctors to show that... Read more »

1 Answer | Asked in Criminal Law, Health Care Law and Medical Malpractice for New Jersey on
Q: Can I sue someone for documenting false information about me in a client's chart in an electronic medical record?

My supervisee documented that I was with a client at a specific time when in fact I was not. The note also indicated additional false information. I will be contacting the licensing board but want to know if I can sue her personally.

Peter N. Munsing
Peter N. Munsing answered on Dec 31, 2016

I'm not hearing there was harm. Sue her for what? I don't see it. If the person wrote the record incorrectly, then ask for it to be corrected--through a union rep if you have one. Getting into suing staff gives you a reputation that in the healthcare industry can lead to your having problems... Read more »

1 Answer | Asked in Medical Malpractice for New Jersey on
Q: I was cut on my toe onMay 5th 2016 during a pedicure got infected and has since caused many more problems. Can I sue?

After several trials of antibiotics the doctor had to remove mybig toe nail that is now finally growing back in and is infected again at the same spot of the original cut. I told the lady to stop when she hurt me and she laughed and said oh I'm sorry then went back to using the same tool and cut... Read more »

Peter N. Munsing
Peter N. Munsing answered on Dec 13, 2016

Unlikely, but contact a member of the NJ Assn for Justice that handles medical negligence--they give free consultations.

1 Answer | Asked in Medical Malpractice and Small Claims for New Jersey on
Q: Can I file a small claims suit on my dentist for additional treatment done without my knowledge and forced me to pay?

During yearly dentist checkup, I was told that I need root canal treatment for two teeth and deep cleaning, which costs me $1300 after my insurance coverage.

I paid $1300 before treatment. After the treatment, they told me to come after 2 weeks for crown insertion. When I went after 2... Read more »

Peter N. Munsing
Peter N. Munsing answered on Oct 4, 2016

It's possible. A lot will be "he said she said." Start by getting a new dentist. Don't get into much as to why. Get your records from the old one. Make a copy.

1 Answer | Asked in Personal Injury, Real Estate Law, Landlord - Tenant and Medical Malpractice for New Jersey on
Q: No lease for 3 years. Told landlord looking for new place fit for husband's disability needs. Wants new 1 year lease

Husband's needs have changed due to severe back injury. Now uses a power wheelchair to get around. 1 bedroom apartment to small and doesn't meet his new needs. Told landlord plan to move for that reason. We had no lease for 3 years after 1st lease of 2 years expired ( landlord said we didn't need... Read more »

Peter N. Munsing
Peter N. Munsing answered on Sep 28, 2016

He has to give you a months notice. Be sure you offer October rent by end of September. Put on the check what it is for (I hope you are paying by check--money orders are a pain to prove they cashed it). If it's cashed you have another month and he has to start the process.

But he's under no...
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1 Answer | Asked in Medical Malpractice for New Jersey on
Q: Had a NG tube inserted to decompress my intestines, I vomited for 24hrs straight I now have a hernia. Malpractice?

NG tube was suppose to elevate the vomiting, instead it continued with the NG tube still inserted. I was hospitalized twice in 2 weeks. 2nd time was due to pain in my abdomen which the surgeon determined was a hernia. I never had a hernia before, only after the severe vomiting (it went on for 24hrs... Read more »

Peter N. Munsing
Peter N. Munsing answered on Aug 18, 2016

Hard to say until you know what caused the vomiting. Usually ng tubes are for feeding those who can't take food normally.i that's what it was for, it would not be malpractice to keep it in. You may have had gastric paresis where the autonomic function shut down or something else. Until you know... Read more »

1 Answer | Asked in Medical Malpractice for New Jersey on
Q: Can I sue a dentist for medical malpractice because they put in my root canal backwards.
Peter N. Munsing
Peter N. Munsing answered on Aug 4, 2016

Not sure what you mean as you don't "put in" a root canal--if you mean they filled wrong cavity etc, if there is a downside possibly; if nothing bad happened it legally is a "so what?"

If there is fallout, the question is is it significant enough and clear enough that a jury would award...
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1 Answer | Asked in Medical Malpractice for New Jersey on
Q: Is there a time limit as to when I can take a dentist to court for malpractice?

In 2010 I had oral surgery with the intent of receiving dental implants. I had all my top teeth removed, as well as all but eight on the bottom. I paid $39,000 for the implants, but never got them. The anchor's fell out of my gums and the dentist kept putting them back in. I was in so much pain.... Read more »

Peter N. Munsing
Peter N. Munsing answered on Jul 7, 2016

Generally it's three years though it depends on the circumstances when there is contrinuing care.Suggest you immediately contact a member of the NJ Assn for Justice who handles medical cases--they give free consultations.You may have a possible contract claim or breach of warranty which have longer... Read more »

1 Answer | Asked in Medical Malpractice for New Jersey on
Q: Do I have any case of a doctor fails to remove a chunk of glass requiring me to get the wound cut open and restitched?

I recently cut my foot on glass while cleaning my kitchen. I went to my local hospital ER and got stitches. 3 weeks lafter after realizing the wound was not healing properly and it was still severely hurting I took a closer look and realized there was what turned out to be a penny sized chunk of... Read more »

Leonard R. Boyer
Leonard R. Boyer answered on Feb 26, 2016

If you believe that you may have a cause of action against this physician for what you believe was negligence, then you should consult an attorney. Given the stated facts, it is questionable if you do, but it may be worth having an in person consulation with an attorney. Good luck.

1 Answer | Asked in Medical Malpractice for New Jersey on
Q: I had pink eye and received wrong medication that damaged my eyes causing moon like craters am I able to sue?

I caught pink eye from my son and went to the doctor for medication. I was told to go to the ER and the medication I received made my pink eye worse and has resulted in inflammation on my iris and moon like craters on my iris. I have to take medication to try and reverse the damage done. My vision... Read more »

H. Scott Aalsberg Esq.
H. Scott Aalsberg Esq. answered on Jan 6, 2016

Yes you can sue, how much you will get is the question. For a malpractice suit you will have to prove how the doctors treatment of you deviated from the normal standard of care. Just because a medication does not work for you does not give you a good lawsuit, that is why is called malpractice.... Read more »

2 Answers | Asked in Medical Malpractice and Products Liability for New Jersey on
Q: A medical device used in my California surgery in 1999 caused complications. It was later recalled. Can I sue now?

I just discovered that it was recalled (Adcon-L). A similar suit was filed: http://www.vawd.uscourts.gov/OPINIONS/WILSON/701CV00314.PDF . I do not know if a class action suit was filed.

Leonard R. Boyer
Leonard R. Boyer answered on Oct 28, 2015

To properly answer your questions and address your concerns, the best way to handle this is with an in person consultation with an experienced attorney. Good luck.

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1 Answer | Asked in Medical Malpractice for New Jersey on
Q: Can I sue hospital/Doctor for creating complications after Episiotomy in Labor and Delivery?

In my case, Hemotomo formed in her back due to improper stitchs after Episiotomy which results in second operation for new mom within 10 hrs of delivery.

Adam Studnicki
Adam Studnicki answered on Aug 25, 2015

More information is needed to evaluate. Talk to a local medical malpractice lawyer, who can investigate and advise.

Please Take Notice: I am not your lawyer unless we enter into an engagement agreement in writing. This is general information that is given for legal education only. It is...
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1 Answer | Asked in Medical Malpractice for New Jersey on
Q: After a lymph node biopsy I have o lot of pain in my neck and left shoulder. Looks like my shoulder was damaged.

During the surgery I couldn't breath and the doctor didn't provided necessary care. I had local anesthesia, and when I told him that I cannot breath and I felt the pain he told me that I make him nervous. Also, he asked to have more anesthesia but didn't do anything for breathing. I had a lot of... Read more »

Adam Studnicki
Adam Studnicki answered on Aug 25, 2015

More information is needed to determine if you have a claim. Talk to a local medical malpractice lawyer. They offer free consultations.

Please Take Notice: I am not your lawyer unless we enter into an engagement agreement in writing. This is general information that is given for legal...
Read more »

1 Answer | Asked in Medical Malpractice for New Jersey on
Q: Dental neglect, years of infection. Left wisdom teeth in. Can I file a lawsuit against the ADA for letting this happen.

I went to other dentists. I am a 57 year old male. Loss of all molars due to infection.

Adam Studnicki
Adam Studnicki answered on Jul 16, 2015

You may have a claim against individual dentists that cared for you. I don't see how you'd have a claim against the ADA they were your provider or the provider worked for them.

1 Answer | Asked in Medical Malpractice for New Jersey on
Q: Where do you file a medical malpractice law suit in NJ?

I had a pacemaker put in wrongly in Deborah Heart and Lung center in NJ - where do I file a malpractice law suit?

John M DeProspo
John M DeProspo answered on May 5, 2015

Are you planning to represent yourself in a medical malpractice lawsuit? You should contact a medical malpractice lawyer in your area who can review your claim to see if it is viable. The consultation will be free.

1 Answer | Asked in Medical Malpractice for New Jersey on
Q: Can a retired doctor be sued?
Robert D. Kreisman
Robert D. Kreisman answered on Jan 26, 2015

Yes. As in all medical malpractice cases, the evidence is mostly in the hospital, physician and medical provider records. Just because the doctor who you believe may have acted below the standard of care that resulted in your injuries has retired, does not mean that he/she is protected from a... Read more »

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