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New Jersey Medical Malpractice and Product Liability Law Blog

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.

What is the practical effect of malpractice on the medical world?

When someone goes to be treated by a medical professional or they go to the hospital, that patient expects an acceptable standard of care to be observed. When this standard isn't observed -- when the care they receive is substandard and, thus, entering "medical malpractice" territory -- it is likely that the individual will have some sort of negative medical experience, typically ending with a medical error or mistake that changes their life.

This is when medical malpractice lawsuits come into play. The purpose is to help the victimized patient with some compensation that allows them to pay for bills and rehabilitation associated with the incident. But what effect do these medical malpractice lawsuits have on the medical field?

Know your legal options after a medical error

One of the worst things about a medical condition or issue popping up is that, in some cases, the condition or issue begets more trips to the hospital and more medical bills to pay. For some people, this is simply the way it goes. It doesn't necessarily have to be an endless cycle of trips to medical facilities, but it can feel that way to people who have been dealing with it for a long time.

We bring this up because, in some ways, this is what can happen as a result of a medical error. Someone goes to a hospital or to the doctor's office expecting tremendous care. Instead, a major mistake turns their life upside down. They may need prescriptions, procedures, or even surgeries -- and maybe extensive rehabilitation -- to recover from the initial medical mistake.

Stent causes clot, man sues for being paralyzed as a result

Imagine you are involved in a catastrophic accident while driving your vehicle, and you need emergency surgery to save your life. As a result, you survive the wreck and are able to live your life at least somewhat normally (if not completely normally). However, you have no idea that the surgery that saved your life was actually done improperly, or that it could cause a serious complication down the line.

So one day, years later, you suddenly collapse and are in immense pain. It turns out that the surgery that happened years prior caused a blood clot, one that has ravaged your system. Emergency surgery is again needed to swiftly correct the issue -- but it is too late. The blood clot has done its damage. You are paralyzed, and your life will never be the same.

Nurses: synchronized devices could reduce medical errors

More than a month ago, we wrote a post about how doctors and medical professionals can be distracted by cellphones and technology. The lesson was that technology can be a hindrance sometimes, but it obviously isn't always a hindrance. What if all the promise and interconnectivity provided by new technology was put to use in medical instruments, potentially ushering in a new era of medical care?

What we are talking about is medical devices that communicate with each other, making the lives of medical professionals less stressful and far easier. A new study discussed this issue, albeit in a different context, with nurses and the findings were quite interesting.

IV bag design comes into question after new study's revelations

Imagine that you are being wheeled in to a hospital with a severe medical issue. As you are placed on a hospital bed, the doctors and nurses examine you and try to do everything they can in this stressful moment to figure out the best course of treatment. Eventually, they figure it out. They need to give you a certain substance via an IV bag. So one of the nurses leaves the room and rushes to go find your medicine.

When the nurse returns, they hook up the IV bag and you start to feel at ease knowing that you will be better soon. There's just one problem: the nurse grabbed the wrong IV bag and you aren't receiving the medicine you need. In fact, within an hour, you start feeling much worse.

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