Can you sue doctor for malpractice
We expect doctors to perform their duties with a certain level of skill and professionalism. When doctors deviate from accepted standards of medical practice, either through action or inaction, they can be held liable for preventable injuries or death.
Surprisingly, as many as one in every three physicians are sued at least once in their lifetime for medical malpractice. A 2011 study in The New England Journal of Medicine found that 7.4% of physicians are sued every year. Some physicians who specialize in certain fields have an even greater chance of being sued. That same study found that the highest rates of medical malpractice were among neurosurgeons (19.1%), cardiothoracic/vascular surgeons (18.9%), and general surgeons (15.3%).
Although our firm handles all types of medical malpractice matters, the following types of medical malpractice cases are most common:
- Anesthesia –Anesthesiologists have a responsibility to properly administer medication and to monitor a patient throughout a surgery or procedure. Improper anesthesia administration and a lack of patient monitoring could lead to catastrophic results such as paralysis or death.
- Emergency Room Care – ERs are often understaffed and overly crowded with patients needing urgent and immediate care. ER malpractice can involve incorrect diagnoses, chart and medication mistakes, improper patient monitoring, or problems with testing.
- Nursing – Nursing malpractice can occur in a wide variety of settings such as in hospitals, clinics, rehabilitation centers, and even in one’s own home. Nurses may be negligent in monitoring a patient, using medical equipment, or providing incorrect medication to a patient, which can lead to disastrous consequences.
- Testing Errors/Failure to Diagnose – Problems with medical testing include misread tests and imaging studies, incorrect results, a failure to order tests, or contaminating samples before testing. These medical errors can lead to a failure to diagnose a serious illness or condition such as cancer.
Contact our New Jersey law firm for a free consultation about any potential medical malpractice matter. We have a long list of successes for our clients involving a wide range of medical malpractices cases.
The information provided does not, and is not intended to, constitute legal advice. Instead, all information, content, and materials available on this site are for general informational purposes only. Readers of this website should contact an attorney to obtain advice with respect to any legal matter. No reader, user, or browser of this website should act or refrain from acting based on information on this website without first seeking legal advice from counsel.
Can you sue a doctor for misdiagnosing you
An injured person may sue a doctor in New Jersey for a misdiagnosis or a failure to timely diagnose a medical condition. A doctor may misdiagnose or fail to timely diagnose a medical condition for a variety of reasons. For instance, a doctor may fail to conduct a thorough and complete clinical examination of a patient, perform an inadequate investigation of the medical history and symptoms of a patient, or misinterpret imaging studies such as CT scans, MRIs, or X-rays.
Our firm has been instrumental in winning settlements and verdicts for victims of medical malpractice. For example, in 2017, we obtained a $4.5 million settlement for a small child who tragically died after an emergency room physician failed to diagnose malaria after she, just three weeks earlier, traveled to Ghana. Our client presented to the emergency room at University Hospital in Newark with a fever, rapid heartrate, vomiting, hot dry skin, and dry mucus membranes. The emergency room physician was informed that the family, including the child, had just returned from a trip to Ghana, an area where malaria is prevalent. We have numerous other settlements for a physician’s failure to timely diagnose cancer and other diseases, such as a $4.75 million settlement on behalf of a woman whose doctor failure to timely diagnose her cancer, and a $3.5 million settlement on behalf of a New Jersey man who suffered a stroke because his doctor failed to accurately diagnose the condition.
The information provided does not, and is not intended to, constitute legal advice. Instead, all information, content, and materials available on this site are for general informational purposes only. Readers of this website should contact an attorney to obtain advice with respect to any legal matter. No reader, user, or browser of this website should act or refrain from acting based on information on this website without first seeking legal advice from counsel.
Can you sue a doctor for failed surgery
Although all surgeries carry some level of risk and a positive outcome is never guaranteed, if a New Jersey doctor makes a surgical error that results in preventable injuries, an injured patient may have a medical malpractice case. Examples of surgical mistakes include:
- Operating on the wrong part of a patient’s body – One type of surgical error that can result in a medical malpractice claim is a “wrong-site” surgery. This type of error occurs when a surgeon performs the surgery on the wrong part of the body or organ.
- Operating on the wrong patient – In rare instances, patient charts may get swapped and, as a result, patients may undergo unnecessary surgeries.
- Damaging healthy organs during surgery – A surgeon may make a mistake during surgery by perforating or puncturing a different organ than the one that is being operated on with scissors, a scalpel or other surgical instrument. As a result, organ tissue may be damaged in the process, which may lead to serious health consequences and even death.
- Leaving instruments in a patient’s body following surgery – Some surgeons inadvertently leave an item, such as a sponge or gauze, in a patient and close up the surgical location without removing the item. This type of error may not be discovered until much later when the patient begins to suffer complications like persistent infection or requires another surgery in the same location.
Regardless of whether the mistake occurred during medically necessary life-saving surgery or an elective cosmetic surgery, surgeons are expected to perform with a certain level of competence and skill. Whenever patients suffer unexpected and preventable injuries from surgical mistakes, they deserve the expertise of an experienced medical malpractice attorney. We have passionately and successfully represented victims of medical malpractice in New Jersey involving surgical mistakes and errors. For example, our law firm obtained a $2.1 million settlement after our client, a forty-seven-year-old man, was rendered legally blind after an allegedly negligent Lasik surgery. This is believed to be the largest Lasik malpractice recovery in New Jersey history, and one of the largest in the nation’s history.
The information provided does not, and is not intended to, constitute legal advice. Instead, all information, content, and materials available on this site are for general informational purposes only. Readers of this website should contact an attorney to obtain advice with respect to any legal matter. No reader, user, or browser of this website should act or refrain from acting based on information on this website without first seeking legal advice from counsel.
Can you sue a doctor for giving false information
A critical aspect of effective medical care is an accurate and timely diagnosis of illnesses or injuries. A doctor should be able to recognize the warning signs of dangerous diseases so that he or she can accurately diagnose the disease at an early stage. For many illnesses, the number of treatment options and the likelihood of success of treatment depends upon the disease being diagnosed and caught at an early stage. Misdiagnoses and failures to diagnose can lead to delayed treatment and a worsened condition. According to one estimate, diagnostic errors underlie about 10% of adverse events occurring in hospital practice.
One of the most common causes of a misdiagnosis is failing to order the necessary diagnostic tests. Imaging tests can help a doctor detect serious health concerns and determine the best treatment plan. Generally, the earlier that these health problems are detected, the better the chance the patient has at recovery.
By the time a patient learns of the misdiagnosis, it may be too late to take action. If a doctor’s misdiagnosis has led to your financial and emotional hardship, then a medical malpractice case is possible. Our New Jersey firm has successfully litigated medical malpractice cases involving misdiagnosis. For example, our managing partner, David Mazie, obtained a $3.5 million settlement for our client who suffered a paralyzing stroke after treating physicians erroneously concluded that the patient was suffering from a pinched nerve, when instead the patient was having a transient ischemic attack (TIA). If diagnosed properly, our client would not have suffered a stroke.
The information provided does not, and is not intended to, constitute legal advice. Instead, all information, content, and materials available on this site are for general informational purposes only. Readers of this website should contact an attorney to obtain advice with respect to any legal matter. No reader, user, or browser of this website should act or refrain from acting based on information on this website without first seeking legal advice from counsel.
Can you sue a hospital for false information
New Jersey hospitals are vicariously liable for the actions of their employees or agents under certain circumstances. If a doctor employed by a hospital commits medical malpractice by failing to provide an accurate or timely diagnosis, a hospital may be liable for subsequent injuries or a worsened condition. Be advised, however, that New Jersey has something called the “Charitable Immunity Act.” The Charitable Immunity Act currently caps hospital liability at $250,000. The cap, however, is available only to organizations “organized exclusively for hospital purposes.” This cap also shields a hospital’s exposure for all vicarious liability claims for employees and agents.
Notwithstanding the Charitable Immunity Act, compensated employees or agents of the hospital may still be held individually liable for a misdiagnosis or a failure to diagnose, and many of them are covered by insurance policies. Although challenging, our firm has extensive experience in handling and litigating misdiagnosis cases against hospitals and their agents. Contact our firm at (973) 228-9898 for a free consultation.
The information provided does not, and is not intended to, constitute legal advice. Instead, all information, content, and materials available on this site are for general informational purposes only. Readers of this website should contact an attorney to obtain advice with respect to any legal matter. No reader, user, or browser of this website should act or refrain from acting based on information on this website without first seeking legal advice from counsel.
Can you sue a New Jersey hospital for giving wrong medication
The medication errors of doctors, nurses, pharmacists, and hospitals can cause serious injuries or fatal reactions, especially when a patient has a drug allergy. These prescription drug errors can occur during the prescribing, dispensing, or administering of medication, or during patient monitoring. Some of the most common drug and dosage errors include:
- Prescribing of the wrong medication – A doctor may prescribe the entirely wrong drug for a given condition after making a misdiagnosis or a pharmacist may misread a prescription or give out the wrong medication.
- Incorrect dosage – Even the correct drug can cause serious harm in incorrect doses. A doctor may also prescribe a dangerously high or low dose of a given drug, or a nurse may make mistakes when administering injections. In these situations, a low dose can have negative consequences as the patient’s condition may go untreated. The accidental prescription of a higher dose can be deadly.
- Dangerous drug combinations – Doctors and pharmacists must check a patient’s history and current medications to ensure that a new prescription will not interact poorly.
- Lack of proper directions – Pharmacists and doctors should warn patients of the proper procedure for taking a drug. For example, some medications work most effectively when taken with food.
Our New Jersey law firm has a proven track record in successfully handing cases involving medical malpractice involving medication errors and mistakes, For example, in 2009, our firm’s managing partner, David Mazie, secured a $3.85 million settlement for our client, a nine year old girl, who was given an adult-size dose of antifungal medication that caused her to go into cardiac arrest and renal failure.
The information provided does not, and is not intended to, constitute legal advice. Instead, all information, content, and materials available on this site are for general informational purposes only. Readers of this website should contact an attorney to obtain advice with respect to any legal matter. No reader, user, or browser of this website should act or refrain from acting based on information on this website without first seeking legal advice from counsel.
Can you sue a hospital for nerve damage
Nerve damage that is a result of medical mistakes or negligence by a New Jersey doctor or nursemay entitle you to compensation if the doctor or hospital is found liable for the injury. Nerves that are severed can result in permanent loss of function and sensation, while damaged nerves can result in chronic pain. Some of the most common medical errors and mistakes that cause nerve damage include:
- The failure to accurately diagnose degenerative conditions or other injuries;
- Incorrect positioning of a patient that results in too much pressure being applied to a nerve for an extended period of time
- Spinal surgery mistakes or surgical errors that result in severing nerves; and
- The incorrect administration of anesthesia.
Note, however, that New Jersey’s Charitable Immunity Act, which is available only to organizations that are “organized exclusively for hospital purposes,” currently caps hospital liability at $250,000. This cap also shields a hospital’s exposure for all vicarious liability claims for employees and agents. However, compensated employees and agents of the hospital can still be held individually liable for negligence leading to nerve damage.
Do not hesitate to contact our firm at (973) 228-9898 for a free consultation. We have significant experience in litigating medical malpractice claims in New Jersey involving doctors and hospitals for nerve damage. For example, our firm, in 2013, obtained a $2.5 million settlement against a radiologist, emergency room physicians, nurses, and a hospital for failure to properly diagnose nerve compression due to a shoulder fracture. In that case, our client fell down a flight of stairs and injured her shoulder. She went to Holy Name Hospital in Teaneck where the ER physician ordered an X-ray. The radiologist interpreted the X-ray as a simple fracture. However, the ER physician and radiologist failed to realize that our client’s pain was out of proportion to the diagnosis, to order more tests, and to seek a radiological consult. Had they done so, it would have been clear that our client was suffering from a nerve compression due to the fracture.
The information provided does not, and is not intended to, constitute legal advice. Instead, all information, content, and materials available on this site are for general informational purposes only. Readers of this website should contact an attorney to obtain advice with respect to any legal matter. No reader, user, or browser of this website should act or refrain from acting based on information on this website without first seeking legal advice from counsel.
Can you sue a surgeon
Although a positive outcome is never guaranteed when a patient undergoes surgery, patients can sue a surgeon if they suffer harms or injuries that were caused by a preventable error. A negligent surgeon can cause irreparable harm by acting careless or failing to act altogether. Examples of common medical malpractices cases involving surgeons include:
- Operating on the wrong site, body part, or limb;
- Operating on the wrong patient;
- Leaving tools or other material(s) inside the patient;
- Damaging health organs or tissues by negligently handling surgical instruments; or
- Failing to treat surgical patients in a manner prescribed by accepted medical practices.
Our firm is widely recognized as one of the top medical malpractice firms in New Jersey, having won landmark decisions and record-breaking awards in medical malpractice cases. For example, we were able to secure a $1 million settlement for our client who was involved in a surgery that went awry. In that case, the surgeon lost control of a surgical tool and cut the abdominal wall of our client. As a result, the surgeon severed our client’s renal vein and injured the aorta.
The information provided does not, and is not intended to, constitute legal advice. Instead, all information, content, and materials available on this site are for general informational purposes only. Readers of this website should contact an attorney to obtain advice with respect to any legal matter. No reader, user, or browser of this website should act or refrain from acting based on information on this website without first seeking legal advice from counsel.
Can you sue for failed back surgery
Negligently performed back surgery can cause severe and permanent injury to the patient. Doctors, surgeons, and other medical professionals often operate on bones, cartilage, and blood vessels close to the spinal cord, as well as the delicate bundle of nerves that transmit messages between the brain and the body. One slip, one moment of inattention, or one bad decision, can result in irreparable damage to the spinal cord. Some common examples of failed back surgeries that might be grounds for a medical malpractice claim include:
- Misplacement of screws, plates or other hardware – the misplacement of the very equipment that is designed to relieve pain and repair damage can be the cause of even more severe injuries.
- Incision errors – an improper incision could damage or sever a major blood vessel or nerve and result in severe injury or disability.
- Irreparable damage to the spinal cord – skin, muscle, and bone all heal over time after they have been damaged. Harm to the nervous system, however, is permanent because nerves do not grow back or heal. For this reason, any injury that occurs to the spinal cord during surgery is beyond repair.
- Failure to obtain informed consent – because there are many ways in which back surgery can go wrong, doctors and surgeons must disclose all of the risks and alternative treatment options with the patient prior to the back surgery. A failure to do so may constitute medical malpractice.
The information provided does not, and is not intended to, constitute legal advice. Instead, all information, content, and materials available on this site are for general informational purposes only. Readers of this website should contact an attorney to obtain advice with respect to any legal matter. No reader, user, or browser of this website should act or refrain from acting based on information on this website without first seeking legal advice from counsel.
Can you sue for nerve damage after surgery
Symptoms of nerve damage are widespread, but commonly include decreased function to a specific area of your body, pain, weakness, paralysis, numbness or tingling. This will depend on which nerves are damaged and the severity of your injury. The National Center for Biotechnology Information estimates that anywhere from 10% to 40% of patients experience nerve damage or neuropathic pain following an operation, even if it is a fairly routine surgery or procedure.
There are two major causes to nerve damage following surgery. Anesthesia is one. The improper or negligent administration of anesthesia can cause nerve damage. The second is a surgical error. Most likely, nerve damage is caused because your surgeon is operating in very close physical proximity to your nerves.
Whether an injured patient’s nerve damage is caused by the improper administration of anesthetics or the surgeon’s scalpel, the results can be life changing. It is important to consult with an experienced medical malpractice attorney. Our New Jersey law firm has the resources and experience to evaluate and litigate medical malpractice cases involving nerve damage following a surgery or procedure. For example, in 2010, we were able to obtain a $3.9 million settlement for our client, who underwent a routine sinus surgery when the ENT surgeon negligently penetrated the orbit of her eye and cut the medial rectus muscle. Because of the failed surgery, our client suffered from double vision and pain due to associated damage of the trigeminal nerve.
The information provided does not, and is not intended to, constitute legal advice. Instead, all information, content, and materials available on this site are for general informational purposes only. Readers of this website should contact an attorney to obtain advice with respect to any legal matter. No reader, user, or browser of this website should act or refrain from acting based on information on this website without first seeking legal advice from counsel.
Can you sue for surgery complications
Not every bad outcome that occurs during or after a surgery is deemed to be medical malpractice. The risks and intensity of each surgery vary, along with the likelihood of postoperative complications. Complications can be minor or extreme, ranging from infection, to hemorrhaging, to death.
However, if a patient is harmed or injured due to a preventable medical error or mistake, the injured patient may be able to sue to recover compensation through a medical malpractice claim brought in a New Jersey court. Such a claim requires that the injured patient prove that the allegedly negligent surgeon failed to performance in accordance with the recognized and accepted standard of care that another surgeon of the same medical specialty would have provided under similar circumstances.
This can seem like a challenging and difficult task, but it is possible when you have an experienced legal team. Contact our firm at (973) 228-9898 for a free consultation.
The information provided does not, and is not intended to, constitute legal advice. Instead, all information, content, and materials available on this site are for general informational purposes only. Readers of this website should contact an attorney to obtain advice with respect to any legal matter. No reader, user, or browser of this website should act or refrain from acting based on information on this website without first seeking legal advice from counsel.