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New Jersey Medical Malpractice and Product Liability Law Blog

Medical staff insults, berates sedated patient

A shocking medical malpractice case was revealed recently, and the "shock" has nothing to do with a medical error or a terrible mistake that caused physical or medical harm to the patient. Instead, the allegations involved in this case revolve around disparaging and insulting comments that an anesthesiologist and numerous other medical professionals made to, and about, the patient while he was sedated for a colonoscopy.

So how did these insults become part of public record? Well, the patient brought a recorder with him to document the pre-op instructions the medical professionals were discussing. Before he could hit the "stop" button, he was sedated, and the recorder captured the entire procedure.

Timing plays a huge role in medical malpractice lawsuits

The statute of limitations is a common idea in the world of law. Many people associate the statute of limitations with criminal cases. You commonly hear people discuss whether or not the police and prosecutors will catch their suspect before the statute of limitations runs out on the crime he or she committed. The statute of limitations is basically a window of time that the prosecutors have to file charges against someone after they have committed a crime.

Well, the statute of limitations is also integral to medical malpractice cases. You don't have an unlimited amount of time to consider your case and file a malpractice claim against a doctor and/or institution. Depending on the case and depending on the state, you could have anywhere from one to three years to file your medical malpractice claim.

What is doctor-patient confidentiality and how does it work?

When it comes to medical malpractice, it is completely understandable for you to immediately think about the horrible mistakes that some medical professionals make during procedures or treatment; or the terrible conditions that some patients have to deal with as a result of those mistakes. While these circumstances make up vast amount of medical malpractice lawsuits, there are also plenty of situations where doctor-patient confidentiality plays a role in such a lawsuit.

What is doctor-patient confidentiality? You've probably heard of it before, but this term refers to the agreement that a patient and a doctor inherently know when a patient seeks treatment with the doctor. The agreement is that the patient's information and medical record is confidential and that none of the information contained therein will be released to other parties.

Study sheds light on preventable medical errors in pediatrics

In a sense, medical errors seem like they shouldn't happen. We're talking about highly-trained and incredibly intelligent people who are performing tasks that few people in the world are able to perform. Given our ability to learn from mistakes and our penchant for improving our technology and tools to the point that things get better, and not worse, it would seem that medical errors shouldn't happen that often anymore.

And yet, medical errors are constantly happening. People suffer from them every day, and the negative effects a medical error can have on a person's health and well-being can be life changing. A recent report only reaffirms this notion, while also making it a bit more upsetting given that the study dealt with medical errors in the field of pediatrics.

Stroke after birth leaves woman paralyzed, lawsuit complete

In our last post, we talked about birth injuries and how they can absolutely devastate a family. Though you may initially think that a birth injury applies to the newborn, it can also apply to the mother. This is one of the key points from our last post, and it is also the jumping-off point for this one, as a recent medical malpractice lawsuit was won by a woman who suffered paralysis due to a stroke after giving birth.

The backstory is a bit complicated, but here it goes: the woman felt lightheaded after running the Boston Marathon in 2004. It turned out she had "brain abnormalities" that required her to be placed on a special list that other doctors could see if she ever needed medical care.

The emotional drain of a birth injury, and how to seek recourse

Giving birth to a child is supposed to be the happiest day in a family's life. This is supposed to be the day that your family becomes whole, and it is supposed to be a wonderful and wondrous occasion. Unfortunately, there are situations where this incredible day is ruined by a birth injury or a medical mistake. In these cases, the physical damage can almost be surpassed by the emotional damage caused by this unfortunate incident.

Birth injuries can affect either the newborn or the mother, or even both in truly terrible situations. Sometimes, these things happen because of a freakish natural quirk -- but other times, these things happen because a doctor, nurse, or other medical professional failed to do his or her job.

Mistakes with robotic surgery not the fault of device makers

It's funny to think about it this way, but robotic surgery has been around for many years now. It seems like the phrase "robotic surgery" should be idea that won't be realized until the not-so-distant (or, maybe, very distant) future. But it's here, today, and doctors and surgeons use devices and new technology on patients that appear as though they should be in a science-fiction movie.

But all weirdness aside: who takes the blame when a mistake is made during surgery that involves robotic devices? Does the medical device maker hold the liability? The surgeon? The hospital? A combination of these parties?

Odd settlement reached in medical malpractice case

A wrongful death lawsuit that was sparked by medical malpractice was recently settled outside of our state's borders here in New Jersey. Still, the story resonates and it shows that mistakes can be made at any level of any medical process.

In this case, a man died of lung cancer in 2011. But in 2009 and 2010, the man went in for chest x-rays and there were signs that a possible mass was forming on his lungs. These signs went unnoticed by medical professionals and the health care system the family used. The family sued the system and a physician's office for their failure to notice these signs, which resulted in the man's death.

Fronzuto Law Group Settles Road Defect Case for $2.9 Million

A road defect case has been settled after defendants, the State of New Jersey and the State of New Jersey Department of Transportation, failed to protect a dangerous median on Interstate Route 80, despite plans to address this critical area.

Medication error systems in hospitals are step in right direction

Did you know that the most common mistake in a hospital is a medication error? The severity of the medication error may vary from case to case. In certain instances, the medication error may not have that big of an impact on the patient. In some cases, the error may be caught soon after the medicine has been prescribed or implemented, and this can prevent a negative outcome. But in many, many other cases, the medication error drastically affects a patient's life for the worse.

In fact, there are roughly 3.8 million hospital patients that are affected by medication errors every year in the United States.

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