We visit doctors’ offices and hospitals with the expectation that we will receive quality medical care to treat our illnesses and injuries so we are able to return to our lives quickly. When a healthcare worker or medical professional makes an error, our lives are at risk. A medical mistake can cause us to sustain additional medical expenses, pain and suffering, lost wages from work, lost future earnings, and other similar losses. A successful New Jersey medical malpractice lawsuit may enable you to recoup these losses from the at-fault healthcare worker or medical care provider.

When you have been injured by a medical professional – a doctor, nurse, or other worker – turn to the New Jersey medical malpractice lawyers of O’Connor, Parsons, Lane & Noble New Jersey. We will evaluate your case and discuss your legal options with you, including whether you may be able to pursue compensation from the at-fault medical care provider.

What is Medical Malpractice in New Jersey?

“Medical malpractice” can be defined loosely as a medical professional’s (doctor, nurse, etc.) act or failure to act that causes harm to another person (typically the patient), where the action or failure to take action represented an unreasonable deviation from the standard of care a medical professional with a similar background working in a similar area would have provided. In other words, medical malpractice occurs any time: (1) a doctor, nurse, or other healthcare worker acts or fails to act; (2) the action or failure to act is objectively unreasonable and is not in accord with what a reasonable doctor, nurse, or healthcare worker would have done in the situation; and (3) harm to another person results.

How Long Do I Have to File a New Jersey Medical Malpractice Lawsuit?

Every state has a statute of limitations that indicates how long injured plaintiffs have to file a particular type of lawsuit. In New Jersey, the statute of limitations for medical malpractice lawsuits is two years. This means that you have two years from the date you suffer your injuries or the date on which you should have known you had suffered an injury to file your medical malpractice lawsuit. This is a strict deadline: failure to file your lawsuit timely can preclude you from recovering compensation for your medical malpractice injuries.

Why You Need a New Jersey Medical Malpractice Attorney’s Assistance

Medical malpractice cases can be difficult to investigate, prepare, and present to a judge or jury. One seemingly-insignificant procedural error can mean the dismissal of your case without the ability to refile it. Do not gamble with your legal rights – contact a medical malpractice attorney in New Jersey today. O’Connor, Parsons, Lane & Noble New Jersey team of experienced and dedicated attorneys are familiar and well-versed in the procedural and substantive requirements necessary to properly present your medical malpractice case and will work tirelessly to help present your case forcefully and compellingly. Contact O’Connor, Parsons, Lane & Noble New Jersey today to discuss your medical malpractice case by calling (908) 928-9200.

A class-action lawsuit was recently filed against Qualitest Pharmaceuticals for manufacturing a defective birth control medication, allegedly resulting in several unplanned pregnancies. The pharmaceutical company withdrew eight birth control pills from the market after learning that a packaging error may have caused consumers to take the incorrect pills, thereby increasing the likelihood of becoming pregnant. The pills were mistakenly packaged in the reverse direction in their containers, which might have led some consumers to take placebo pills during the week designated to take active hormone-containing pills that would have prevented conception.

By successfully winning their lawsuit, the plaintiffs hope to recover millions of dollars to compensate the exorbitant costs of childrearing resulting from the unplanned pregnancies. In order to successfully recover damages, the plaintiffs must provide evidence that their pregnancies resulted from the faulty pill placement rather than from their own mistake in medication use, such as from misinterpreting instructions on the dosing of birth control pills.

In rebuttal, the defendant contended that merely 53 out of 500,000 distributed pill packs were packaged incorrectly. Attorneys also acknowledged that it may be difficult to successfully file a class action lawsuit against Qualitest Pharmaceuticals, in which multiple plaintiffs collectively bring a claim against the defendant, because the pharmaceutical company has only verified the sale of one pack of defective birth control pills to a single consumer.

The law firm of O’Connor, Parsons, Lane & Noble has significant experience handling products liability lawsuits, including personal injury cases that result from the use of unsafe or defective drugs. Manufacturers are responsible for ensuring the quality of their products and for informing the public about complications that may arise after taking a certain medication. Medication should be safely packaged and clearly labelled with directions for proper use, as well as warnings about any possible side effects that can occur. If you or a loved one has suffered from a serious ailment or another consequence attributed to the use of a defective drug, you may be entitled to receive a just settlement to relieve overwhelming financial pressures and to compensate your pain and suffering.

If someone dies due to another person’s reckless actions, misconduct or negligence, the decedent’s family may be entitled to file a wrongful death lawsuit against the party responsible for causing the fatality.

The experienced attorneys at the law firm of O’Connor, Parsons, Lane & Noble will thoroughly analyze your case to determine the best way to obtain a just settlement to compensate your loss. New Jersey law dictates what types of monetary damages plaintiffs are eligible to recover, which may differ from claims that are permissible in other states. For example, New Jersey law prohibits awarding compensation to family members for the grief they experience as a result of personal tragedy. However, the state permits filing a claim for pain and suffering endured by the victim and family members, and to compensate for the loss of companionship and guidance in the decedent’s absence.

Accidents that frequently result in wrongful death lawsuits include:

1. Automobile accidents: A person who caused an accident due to reckless driving may be held liable for the loss of a loved one in a car crash, truck or motorcycle accident.
2. Work-Related Accident: If your loved one was killed in a workplace accident, the employer or its insurance company may be liable for awarding damages.
3. Defective Machinery or Products: The use of products and machines that are flawed or poorly designed can result in grave injuries and even death; the product’s manufacturer, designer and distributor may be held liable for fatal injuries sustained.
4. Construction Accidents: There are inherent risks associated with working in a construction site. If safety measures instituted to protect workers are violated and a workplace accident results in death, the construction company or its insurance provider may be accountable for the payment of damages.
5. Medical Malpractice: If a healthcare provider, such as a physician, nurse or hospital, commits an error that results in the death of the patient, the decedent’s family may be able to file a wrongful death claim on behalf of the decedent.
 

If your loved one has died due to another person’s misconduct or negligence, you may be entitled to receive a just settlement. While no sum of money can alleviate the suffering you inevitably cope with after experiencing a personal tragedy, a fair settlement can lessen financial burdens resulting from exorbitant medical bills, lost wages and funeral expenses.

A $522,000 settlement was recently reached resolving a personal injury lawsuit filed against Dunkin’ Donuts in Highland Park, New Jersey. On January 19, 2012, the plaintiff left the shop and was bound for the parking lot, toting a tray of freshly brewed coffee. According to the lawsuit, as the plaintiff approached her vehicle, she stumbled over a metal spike that jutted out from the curb. The plaintiff incurred several injuries during the slip-and-fall accident. Her face and neck were burned by splattered hot coffee, and her right hand and knee were cut. The plaintiff also underwent surgery to treat back and shoulder injuries.

In accordance with premises liability law, the property owners were held liable for failing to upkeep the parking lot and thereby exposing the public to hazardous conditions. In her lawsuit, the plaintiff contended that she would not have experienced a slip-and-fall accident and consequently sustained a slew of injuries if the property owners had sufficiently maintained the parking lot and fixed the protruding spike.

Food chains, such as Starbucks and McDonald’s, have historically faced personal injury lawsuits involving burns from scalding coffee, tea and other warm beverages that spilled on customers. However, the Dunkin’ Donuts lawsuit explores a new dimension of personal injury cases by shedding light on the importance of regulating property maintenance. Not only should restaurant owners ensure the quality of their products for safe consumption, but they should also secure a safe environment for their customers as a top priority.

The law firm of O’Connor, Parsons, Lane & Noble has significant experience handling personal injury cases. If you or a loved one has suffered from a slip-and-fall accident or another incident that caused serious physical harm, you are entitled to obtain a just settlement to compensate your pain and suffering.

Neonatal hypoxic ischemic encephalopathy (HIE) occurs when a newborn infant sustains neurological damage due to severe oxygen deprivation and limited blood flow to the brain around the time of delivery. Between 10% and 60% of newborn infants afflicted with HIE will die during delivery or subsequent to birth, and approximately 25% of infants who survive this condition suffer incapacitating brain injuries that cause lifelong neurological deficits. The longer the infant has been exposed to low levels of oxygen, the more widespread and debilitating the brain damage will be.
    APGAR test scores, which measure a newborn infant’s wellbeing shortly after birth, are low in HIE patients indicative of cognitive and motor deficits. For example, newborn infants with HIE might appear lifeless, semiconscious or comatose due to the absence or impairment of key brainstem reflexes, such as the regulation of normal breathing patterns. These infants might suffer hypotonia, or low muscle tone of the limbs. Consequently, movement may be inhibited due to the inability to crawl, walk and support oneself in a seated position. Compromised neurological and motor skills may also result in the inability to talk, bladder and bowel incontinence and swallowing dysfunction, which may necessitate a gastrointestinal feeding tube to deliver proper nutrition to the infant. Newborn infants afflicted with HIE sometimes experience seizures as early as the first or second days of life, and those diagnosed with particularly severe cases of HIE might develop epilepsy, a neurological disorder that necessitates the long-term use of anticonvulsant medication to control recurrent seizures. In addition to causing epilepsy, the irreversible brain damage found in HIE patients can also lead to cerebral palsy, learning disabilities, developmental delays and mental retardation.

    Hypoxic ischemic encephalopathy often results from complications that arise during labor that prevent an infant from receiving a sufficient amount of oxygenated blood to the brain. An infant who sustains umbilical cord injuries can suffer significant brain damage. For example, compression of the umbilical cord or intertwining of the umbilical cord around the fetus’ neck may impede the passage of oxygen-rich blood to the baby’s brain. Prolapse is another dangerous condition that occurs when the umbilical cord is expelled from the uterus before the infant. Uterine hyper-stimulation, also called tachysystole, occurs when the rate of contractions of the uterus is too high during labor. Too many consecutive contractions may exert excessive pressure on the fetus and decrease the amount of oxygenated blood transported from the placenta to the infant. If the uterus does not “recover,” or return to a resting state between contractions, the fetus may also suffer oxygen deprivation. Uterine hyper-stimulation can result in uterine rupture, a tear that sometimes leads to the displacement of the fetus into the mother’s abdominal cavity. Other complications leading to the diminished delivery of oxygenated blood to an infant’s brain include placenta previa, in which the placenta partially or entirely blocks the cervix, the canal that the baby moves through during delivery, and placental abruption, in which the placenta partially or completely detaches from the uterine wall. Furthermore, preeclampsia and eclampsia are two conditions that can cause HIE in infants. A mother who suffers preeclampsia during pregnancy experiences elevated blood pressure, swelling of the extremities and increased levels of protein in urine. In the case of eclampsia, rising blood pressure can result in seizures, coma and death.

The law firm of O’Connor, Parsons, Lane & Noble has significant experience representing families whose infants have suffered hypoxic ischemic encephalopathy and other types of severe brain damage due to perinatal negligent care. There are different ways in which the development of HIE could warrant a lawsuit. For example, a physician or nurse may be held liable in a medical malpractice claim if he fails to identify fetal distress by misinterpreting warning signs on the fetal monitor, such as a lack of variability in the fetal heart rate or bradicardia, an abnormally slow heart rate. If an infant is exhibiting signs of oxygen deprivation, failure to immediately induce labor or failure to perform an emergency C-section are grounds for medical malpractice lawsuits. A physician might be held liable if he postpones the delivery of an oxygen-deficient infant because delayed delivery might exacerbate hypoxia, a lack of oxygen, and result in anoxia, the complete absence of oxygen, thereby worsening the extent of brain damage. In addition, physicians should closely monitor women who experience excessive uterine activity during labor to track the number of contractions in a given time frame and take necessary measures to lessen the possibility of uterine rupture. Medical professionals should also provide proper treatment for women who experience high blood pressure during pregnancy that is characteristic of preeclampsia and eclampsia.