Even though there is a movement for natural, at-home births, there is a reason why most women in Toms River still go to the hospital to have a baby. Since most people trust doctors to safely deliver, care for and look after their children, giving birth in a hospital comes with certain expectations. For one, parents expect that doctors will monitor their children for some of the most common birth injuries and medical conditions. When they don't, most parents believe the physicians have committed malpractice and will sue them.
Recently, New York Yankees player Alex Rodriguez filed a medical malpractice lawsuit against the team's doctor and against a New York hospital, claiming that they did not properly diagnose a left hip injury, causing him to have to undergo surgery. The medical malpractice suit further alleges that as a result of the misdiagnosis, Rodriguez was cleared to play, causing him to make the injury even worse. The lawsuit comes after a public feud between Rodriguez and the New York Yankees regarding alleged injuries he received during the season.
A Piscataway, New Jersey man is seeking a new trial against one of the doctors who allegedly performed medical malpractice on his wife, leaving her in a permanent vegetative state. The man previously won a $2.73 million medical malpractice suit against the hospital and two of the other doctors responsible for the failed surgeries that caused the woman's brain damage. But a judge ruled against the husband in an action against the remaining doctor who refused to settle. The husband is now requesting a new trial based on alleged trial errors.
New Jersey residents may be surprised to hear the results of a recent study that discovered the most common medical malpractice claims were missed diagnoses for cancer and heart attacks. The researchers from the Royal College of Surgeons in Ireland Medical School reviewed more than 7,150 journal papers on medical malpractice claims, focusing specifically on claims against primary care doctors. They included 34 journal articles in their study, including those from France, Great Britain, Canada, Australia, and the United States. The researchers found that missed diagnoses were the most common malpractice claims, with between 26 and 63 percent of the cases involving a missed diagnosis. Death was the most common consequence of the alleged malpractice, being found in between 15 and 48 percent of the cases studied.
A 44-year old man in Newark, New Jersey has filed a medical malpractice lawsuit against an urologist for allegedly leaving him with an eight-month long erection after a penile implant was surgically placed inside him. The medical malpractice suit alleges that the doctor failed to ensure that the implant worked properly, leaving him with an erection that led to much social embarrassment and a negative impact on his sex life.
The New Jersey Supreme Court recently issued a ruling that doctors called as expert witnesses in medical malpractice cases must have the same qualifications as the defendant doctor. This ruling likely makes suing for medical malpractice more difficult in New Jersey. The case from which the ruling came involved a construction worker who suffered carbon monoxide poisoning while working in a basement. The physician attending to him recommended that he be treated with 100 percent oxygen, and the worker suffered brain damage as a result. The worker then sued for damages, alleging medical malpractice by the physician. An expert witness at the trial testified that the worker would not have suffered his injuries if the doctors had ordered him to be given oxygen in a hyperbaric chamber. The court ruled that because the witness did not specialize in emergency or family medicine, the trial judge should not have allowed her testimony, because she did not have the same specialty as the doctor.
As many New Jersey residents are aware, a dentist's behavior in the United States recently has allegedly caused substantial harm to a number of his patients. Specifically, over 1,000 of this dentist's 7,000 patients in Tulsa, Oklahoma have tested positive for Hepatitis B, Hepatitis C, and HIV. On top of potential criminal charges, the man could also be facing a number of civil suits alleging medical malpractice.
Recently, the New Jersey legislature has introduced a bill that would increase protections doctors accused of medical negligence. Currently, New Jersey ranks sixth in the nation in successful medical malpractice claims, driving up the cost of insurance premiums for doctors. The bill's supporters argue that the rise of team-based health care and the growing number of patients mandate that limits be placed on medical malpractice suits.
Recently, the New Jersey Board of Medical Examiners revoked the license of a Passaic County physician after it found that he had disregarded restrictions on his license. The doctor worked at a spine rehabilitation center, where he performed pre-anesthesia assessments for patients and follow-up consultations with surgery patients. However, both activities were prohibited by restrictions placed on his license due to medical malpractice payments made on his behalf in two cases. He was then ordered to undergo an evaluation, and was prohibited from providing direct medical care or prescribing medications.
It may not always be an easy decision to undergo surgery. But patients in New Jersey likely turn to the advice of a doctor or medical professional and trust them when surgery is recommended. For the most part, this trust is well founded but there continue to be instances of negligence. Medical malpractice is especially frustrating when it stems from so-called "never" events, meaning mistakes that should never ever happen.