Get free answers to your Medical Malpractice legal questions from lawyers in your area.
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... View More 
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... View More
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.
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... View More
Lawyers, want to be a Justia Connect Pro too? Learn more ›
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... View More
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... View More
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.
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.
The dental practice has not submitted complete claims, about $2,000.00 .I have been for over a year trying to get this dental practice to submit these claims. My insurance company has also been trying to get them to cooperate but to no avail. I believe it is retribution for filing a complaint... View More
answered on Mar 20, 2018
Your right it could be, but many dentists make you sign a waiver that states its your responsibility to file any claims and if they do it, it is as a courtesy, not a right.
answered on Feb 23, 2018
In general the standard of care for physicians is determined by. what members of the same profession would do in a similar situation within the same geographic area. That being said much more information would be needed to tell you whether you have a strong case and even if you have a strong case... View More
They didn’t tell me that they charge 50$ per no show. How is this legal?
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.
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
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... View More
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,... View More
Lawyers, want to be a Justia Connect Pro too? Learn more ›
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.
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,... View More
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.
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... View More
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... View More
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.
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... View More
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... View More
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... View More
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?
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... View More
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.
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... View More
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... View More
answered on Dec 13, 2016
Unlikely, but contact a member of the NJ Assn for Justice that handles medical negligence--they give free consultations.
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... View More
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.
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... View More
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... View More
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... View More
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... View More
Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.
The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.
Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.
