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Typically there is a two year statute of limitations beginning from the date of the negligent event, however, there is a "discovery rule" which may apply to extend the time within which you can bring a claim. You will need to have a New Jersey attorney review the specific facts of your case to see if the "discovery rule" would apply in your circumstance and give you a window to still pursue a claim --- if one exists. No physician that I know "guarantees" their work, but rather has you sign...
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It is hard to give you specific advice without looking at the paperwork you signed allowing the doctor to proceed and informing you of the risks of the procedure. If you consented to the procedures and the waiver you signed spelled out the risks of multiple babies as a result of the procedure, that would affect your ability to claim that you were not informed of this risk. If this becomes a swearing contest between you and the doctor as to what was said the documentation is what is...
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She may have a claim. You need to get copies of her medical records so that a physician can review the records and determine if the delay in diagnosing and treating the condition, caused her to have the problems she now has. In Pennsylvania there is a two year statute of limitations within which a claim must be made so if your mother wants to pursue this she needs to act promptly.
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I agree with the other attorneys regarding potential statute of limitations issue. There are two aspects to every medical negligence case, first you must prove negligence or substandard care and second you must prove that the negligence caused signifigant harm. A physician in the same specialty as the doctor you are complaining about must review the medical records' and be able to certify that there is a reasonable basis for concluding that there was negligence, that caused your husband...
Your potential case may be complicated by the fact that the doctor who you are complaining about may be a workmen's compensation doctor. Depending on the law in New Jersey the doctor may have protections that apply under the workmens compensation laws. I would suggest you contact a local workmens compensation lawyer in New Jersey both to advise you as to your workmens compensation issues as well as to clarify the nature of the doctor and whether he/she is protected by the workmens...
I practice in Pennsylvania and I previously responded based on current Pennsylvania law.
There are no caps or limits on damages for pain and sufferring in medical negligence c ases. Cases have value based on the seriousness of the injury and the degree of documented pain and sufferring. Jury awards under similar circumstances can sometimes be a helpful guide. It is not entirely clear that your mother's case involves medical negligence, but I am assuming that to be the case since it occurred at a hospital. Please note well that this reply is merely informative. It...
You need to collect your medical records from your orthopedic doctor and the hospital where you had surgery and consult a medical malpractice attorney in New Jersey who can have an expert review your records and advise you on whether you were a victim of "negligence" or simply had a complication. Gayle Lewis, Esquire and Rosalind Kaplan, Esquire are both New Jersey attorneys who handle medical malpractice cases.
If there was a basis for a claim while your mother was alive, your mother's estate and/or her survivors may continue to have a claim depending on the law in your state. While her suicide would have an impact on the damages, it would not necessarily extinguish her medico-legal claim. I agree with the other lawyers that you need to contact a different lawyer to have him or her review the specific circumstances of your mother's claim, including the time factor of when the events occurred....
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There are two issues: Were you injured from the fall? Was your son injured directly or by being born prematurely? Each of you may have a claim if there was "negligence" by the store in creating or allowing for a condition which caused you to fall, and if you were injured or harmed as a result. There is not enough information in your description to know whether there was negligence which caused you or your son harm. I am handling a case on behalf of a child who was born prematurely...
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