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Recent Posts in Medical Malpractice Category

  • Consent to Surgery Does Not Mean Consent to Malpractice

    An appeals court recently overturned a previous verdict that ruled against a plaintiff who suffered life-threatening complications during a botched colonoscopy. In their decision, they found that the use of her signed informed consent form was not proper. In the ruling handed down by the New Jersey Superior Court’s Appellate Division on Tuesday, July 25 to revive the case, the jury found that the ...
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  • The Dangers of Hospital-Acquired Conditions

    We trust medical professionals to take care of us in our time of need, and while they may be highly-trained individuals, that doesn’t mean they don’t make mistakes. Thousands, if not hundreds of thousands, of people die because of these mistakes every year. Hospital-acquired conditions, also known as never events, are difficult to track due to a lack of reporting from hospitals and other medical ...
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  • Medical Journal Study: "Medical Errors" Now #3 Cause of Death

    The British Medical Journal published a new study this May revealing that "medical errors" are now the third largest cause of death in the United States, only trailing heart disease (#1) and cancer (#2). The researchers noted that while the Center for Disease Control (CDC) keeps track of leading causes of death, there is no direct reporting of fatalities caused by medical mistakes. For example, ...
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  • “Never Events” in Medical Malpractice

    Women have gone in for hysterectomies and come out with holes in the bladder. Men have gone in for cyst removal and come out with a missing testicle. Patients of all ages are coming out of surgery with instruments like scalpels and needles still inside of them. Events like these are the scourge of the healthcare industry, and they are occurring at an alarming rate. Patients across the United ...
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  • How Can Cancer Be Misdiagnosed?

    A primary way to help minimize the damage of cancer is early detection. Yet, the Journal of Clinical Oncology estimates that cancer misdiagnosis occurs as often as 28% of the time and can rise up to 44% in specific cancers. A misdiagnosis can cause extensive damage and pain and can prove fatal. Along with the pain to the patient and their family, diagnosis errors cost the nation almost $7 billion, ...
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  • October is National Breast Cancer Awareness Month

    October is National Breast Cancer Awareness Month. Here at Levinson Axelrod, we join in the American Cancer Society’s efforts to raise awareness of the importance screening for breast cancer. This blog focuses on a diagnostic breast x-ray called a mammogram. One of the key tools that doctors use to diagnose small breast cancers is a mammogram. A mammogram is an x-ray specially designed to ...
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  • New Jersey Torts Clams Act-"A Trap for the Unwary?" - Part II

    The New Jersey Supreme Court made the obligations of state-employed physicians absolutely clear. If those doctors wish to seek protection under the Act, then they must advise their patients, both orally and in writing, that they are employees of the State of NJ as soon as practicable. Additionally the Court opined: “It would also be helpful if clinical professors wore badges identifying themselves ...
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  • New Jersey Tort Claims Act-"A Trap for the Unwary?" - Part I

    Rights of the medical malpractice plaintiff in New Jersey are limited by the provisions of the New Jersey Tort Claims Act (“TCA”), also known as Title 59. The Act requires that anyone intending to sue The University of Medicine and Dentistry of New Jersey in Newark (“UMDNJ”), Rutgers Medical School and/or any of its closely affiliated hospitals, or its faculty, fellows or residents needs to file a ...
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  • What Is An "Affidavit of Merit" And Why Is It Necessary For Medical Malpractices Cases?

    New Jersey, along with many other states, has passed legislation requiring that a patient bringing suit against a doctor in the State of New Jersey present an Affidavit of Merit, or “AOM.” An AOM is a sworn statement from another physician with the same background, training and experience as the defendant physician stating that there is a reasonable probability that the defendant did not meet the ...
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