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New Jersey Medical Malpractice and Product Liability Law Blog

Defective product may have caused death of New Jersey woman

A fire that killed a 47-year-old woman on May 29 may have been caused by a defective dishwasher, according to local authorities. New Jersey authorities are still looking into the cause of the fire. They have yet to release any additional information as to the make or model of the defective product.

Firefighters responded to the emergency call early in the morning of May 29. They found the victim unresponsive lying on her couch, and rushed her to a local hospital. She was later pronounced dead, with the cause of death attributed to smoke inhalation by preliminary autopsy findings. There is no word on how much damage the fire may have done to the property.

Health care reform paves way for changes in medical malpractice

While controversial, the Patient Protection and Affordable Care Act, better known as "Obamacare," has changed the way professionals and patients look at health care. New Jersey residents with an interest in health care are aware that the thrust of Obamacare is partially to reward a higher caliber of treatment while maintaining watch for care that falls below a set standard. This philosophy could have sweeping ramifications in cases of medical malpractice.

For instance, some people have put forward the notion that surgeries and other complicated procedures in which a patient is not conscious could be videotaped for posterity. This idea is supported by a recent study in which it was discovered that gastroenterologists were more thorough in conducting colonoscopies when they were informed colleagues would be reviewing their work. However, the legal implications of such a move are complicated.

New Jersey state division hit with wrongful death suit

The death of an 8-year-old girl has led to a civil suit being filed against the state on charges of negligence. The daughter of the girl's godmother is alleging wrongful death and negligence against the state of New Jersey, who she claims knew about the girl's abusive home life and did not do enough to remove her from the environment. Litigation is pending.

According to state records, the girl's home was visited a total of four times between 2006 and 2008 by the Division of Child Protection and Permanency, and each time evidence was found of abuse. The girl and her two siblings were being raised by their mother and a family friend, both of whom were involved in a religious cult. It is alleged that they beat and starved all three children, culminating in the death of the 8-year-old from what autopsy reports say was a combination of malnutrition and a broken leg. Both adults have been charged with murder.

Defective product suits filed against appliance companies

Several appliance giants have come under fire for product issues specifically regarding front-loading washing machines. Numerous suits originating in New Jersey and elsewhere in the nation have been brought against several companies related to mold and mildew problems associated with their washing machine lines. Most of these defective product claims stem from possible health concerns related to the mold.

Many plaintiffs have reported that not only are front-load washers susceptible to molding within the first few months of purchase, the companies that produce them have been unable or unwilling to address the issue. One plaintiff claims she was forced to seek legal counsel after the company who produces her washing machine refused to fix the problem. Quite often companies have fallen back on their written documentation that directs customers to leave washers open after use.

Telemedicine in New Jersey may change medical malpractice laws

Technology is constantly evolving, and nowhere is this evolution more visible than in the medical field. In New Jersey and elsewhere around the nation, the concept of "telemedicine" is becoming more prevalent: the move is toward less in-person patient-doctor interaction. This futuristic take on medicine is sparking controversy as to how medical malpractice suits will be handled if an in-person appointment is no longer required.

Telemedicine is not a new phenomenon: for some time, New Jersey medical facilities have been updating their processes to incorporate the latest technology. For example, many offices now allow patients to make appointments online rather than via telephone, and others have patients sign in via a tablet rather than using wasteful paper filing. Some doctors even conduct "appointments" via online communication rather than in person.

New Jersey legislation changes medical malpractice suits

A controversial new ruling may significantly change the process of seeking legal recourse in malpractice suits. The New Jersey Supreme Court ruled on April 25 that expert witnesses called in medical malpractice cases must specialize in the same field of medicine as the accused doctor. This new ruling could have a profound effect on any future malpractice suits in the state of New Jersey.

Precedent for the change in procedure was found in a 2007 malpractice suit filed by a construction worker who suffered brain damage due to carbon monoxide poisoning. The expert witness called in the case testified that a different treatment may have spared the man his injuries. The judge responsible for this new ruling asserted her testimony should not have been allowed by the trial judge due to a stipulation in the 2004 Patients First Act, which disallows testimony that calls another doctor's methods into question when such testimony is presented by a doctor from a different medical field.

Novelty helmets a dangerous product for New Jersey motorcyclists

The sale of so-called "novelty helmets", cheap but flashy alternatives to more expensive safety helmets, is leading to more and more motorcycle deaths, according to national authorities. New Jersey motorcycle aficionados should take note: according to many studies, a novelty helmet is a dangerous product that does not provide adequate protection in the event of a crash. Many national safety organizations are attempting to raise awareness about this critical issue.

The National Highway Traffic Safety Administration has been studying the long-term statistics associated with novelty helmet use for some time now, and the results are staggering. Over 800,000 novelty helmets are sold every year; and with motorcycle-related deaths on the rise across the nation, the numbers could suggest a potential correlation. Unfortunately, public opinion still favors an anti-helmet stance, and as a result novelty helmets are often purchased as a form of rebellion against lax helmet laws in some states.

Brain injuries send NFL players to court

The National Football League stands accused of obscuring medical information about the connection between concussions and long-term neurological problems, according to lawyers representing players. New Jersey football fans are keenly aware of how violent pro football can be, and brain injuries are all too common. Now the players are fighting back against a league they say has been causing more harm than good.

About 4,000 former players have joined the litigation, many of them suffering from a variety of neurological disorders, including Alzheimer's disease, depression and dementia. They say the years of concussive hits taken while playing football professionally are at least partially responsible for their current states. Several players have died of drug overdoses after battling pain and depression, while others have committed suicide.

New Jersey consumers beware of dangerous product, frozen food

New Jersey consumers may benefit from being aware of a recent recall that has affected products distributed nationwide. Rich Products Corp. has voluntarily recalled multiple Farm Rich product lines that may be contaminated with E. coli. The potentially dangerous product lines include Mini Quesadillas, Mini Pizza Slices, Philly Cheese Steaks, Mozzarella Bites and many more.

The recalled products reportedly have a "best by" date range between Jan. 1, 2013 and Sept. 29, 2014. Farm Rich distributes products across the United States in retail stores, and according to reports, the contaminated products have been connected to E. coli illness reports in 15 states. So far, 24 individual illnesses are reported. Symptoms of E. coli can include cramping, nausea, vomiting and more. Consumers who are afraid that they may have been exposed to E. coli can contact the company for additional information.

New Jersey athletes could be affected by brain injuries

Brain injuries have proven to be a problem facing athletes today. Even with stricter regulations and rule changes in some sports, the number of concussions and long term affects on are on the rise. This is a topic of concern for New Jersey players of all ages. Recent lawsuits filed with regard to a deceased NFL player have drawn national attention to the need for more protection from brain injuries.

Junior Seau, who was a linebacker in the NFL, took his own life at the age of 43. His family has claimed he suffered from depression caused by the brain injuries he received from the multiple concussions sustained during his 20 year career. It wasn't until after his death that it was confirmed he was suffering with CTE, or chronic traumatic encephalopathy.

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