Category Archive: Malpractice

  • What to Do When a Professional Breaches Their Duty Of Care

    A duty of care is the legal responsibility of one person or organization to ensure the safety and well-being of another. This duty is typically seen in a professional context, where one person or organization has specific expertise or knowledge that makes them responsible for the trusted information of a client.  However, sometimes this duty of care is breached, and the results can be catastrophic. If you or someone you know has been the victim of such a breach, you’ll need to find out how you can receive the justice and the compensation you read more
  • Types of Hospital Malpractice

    According to statistics, approximately 195,000 people die in hospitals each year because of preventable mistakes. Additionally, there are believed to be between 80,000 to 100,000 deaths annually in the United States due to an error in diagnosis. Moreover, there are approximately 15,000 to 19,000 medical malpractice lawsuits filed each year.  Interestingly, it is estimated that 96 percent of medical malpractice cases are settled outside of court. If you believe that a hospital or its staff acted negligently and caused your injury, you should consider read more
  • Causes of Surgical Errors

    For those with complicated medical conditions, sometimes the only way to get better is by undergoing surgery. It is not an easy decision to make, but if your physician says it is necessary, then one can only hope and pray that all goes well during surgery. Unfortunately, oftentimes all is not well during and after the surgery because of surgical errors. These errors can be made by the surgeon them self, by the professional staff assisting in the surgery, or some combination of both. Regardless of who makes the error, the end outcome could result read more
  • Emotional distress injury caused by medical malpractice must be supported by expert testimony

    New Jersey Appellate Division upheld the dismissal of a claim for medical malpractice because the claimed emotional distress injury was not supported by expert testimony. The Court ruled that unless the claim involved “intentional conduct” or had other special circumstances that created “an especial likelihood of genuine and serious mental distress”, the claim could not proceed without supporting expert testimony.  Clark v. Nenna, 465 N.J. Super. 505 (App. Div. 2020). If you have a New Jersey medical malpractice claim involving emotional read more
  • The Most Common Surgical Errors

    Anyone injured by common surgical errors should discuss their rights with a skilled medical malpractice attorney.  Surgeons carry out some of the most complicated, risky, and often life-threatening work. Becoming a surgeon is a lengthy and often challenging process, requiring formal education and 3-10 years of residency and training. Even with all that training, some surgeons still fall short of the level of skill required to perform their duties. This could lead to making serious errors that harm patients. 

    Types of Common Surgical Errors

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  • The Difference Between a Wrongful Death Claim and a Criminal Case

    Wrongful death involves the death of a loved one due to negligent or intentional conduct of another party. Often, such cases are treated as homicides by law enforcement, and the person responsible might be arrested and face charges of manslaughter or even murder. Many families assume that the criminal case will bring them sufficient justice and will eliminate the need to file a wrongful death case. Unfortunately, this is a mistaken belief. 

    If you tragically lost your spouse, child, or parent due to the actions of someone else, you

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