We handle all types of medical malpractice cases, including:
Anesthesia Injury- Birth Injury
- Brain Injury
- Cancer Misdiagnosis
- Cerebral Palsy
- Down's Syndrome
- Emergency Room Malpractice
- Erb's Palsy /
- Heart Attack Misdiagnose
- Spina Bifida /
- Stroke misdiagnosis
Previous Posts
- How is Medical Malpractice Proven?
- How Can a Medical Malpractice Lawyer Help Me?
- What is Informed Consent? Why is it Important?
- Gastric Bypass Malpractice
- Injuries at Birth Can Last a Lifetime
- Standard of Care and Birth Injury
- Reasons for Surgical Mistakes
- How Do I Know if I am the Victim of Medical Malpra...
- The True Cost of Medical Mistakes
- Welcome
Archives
Medical Malpractice Lawyers
Serving New Jersey and the Philadelphia metropolitan area
Weiss & Paarz P.C.
Friday, June 20, 2008
How is Medical Malpractice Proven?
Medical malpractice cases are not easy to prove. Extenuating circumstances can make even the most open and shut case difficult to win. One cannot sue for medical malpractice only because they had an unfortunate outcome while in the hospital. A successful malpractice case must establish the following four things:
If you live in New Jersey or the Philadelphia metropolitan area, please contact the medical malpractice attorneys Weiss & Paarz today to determine if you have a valid malpractice case.
- Standard of Care - This is loosely defined as the actions that a reasonable healthcare professional in a community would take in similar circumstances. Healthcare professionals have a duty to provide you with a standard of care. What is considered reasonable will vary depending on the type of healthcare professional and the particular community. In other words, the standard of care in a small, isolated town may be different than a state-of-the-art hospital in a large city.
- Negligence or Breech of Standard of Care - Once the standard of care is established, it needs to be proved that the healthcare professional did not meet the standard of care. Negligence of care can occur at any point during a hospital stay. In order to do this, it is common to call on a qualified physician to testify as an "expert witness." This physician must state that in their expert opinion, the course of action taken by the healthcare professional was unreasonable, inappropriate, or unnecessary.
- Negligence Caused Injuries - Once substandard care is established, it must be proven that it was this negligence that directly caused the damages, injuries, or death - or, at the very least, that the mistake contributed to the worsening of the condition.
- Liability and Damages - Once this has been established, then the claimant is entitled to damages (compensation for medical bills, lost wages, monetary compensation for pain and suffering). Damages also cover the expected losses in wages and livelihood in the future.
If you live in New Jersey or the Philadelphia metropolitan area, please contact the medical malpractice attorneys Weiss & Paarz today to determine if you have a valid malpractice case.
posted by Patti at 3:29 PM
Monday, June 9, 2008
How Can a Medical Malpractice Lawyer Help Me?
Our malpractice attorneys will review the facts of your case, apply the law, and give you an evaluation of the strength of your case and your chances of success based on our experience. It is crucial that you know if you have a valid case, and what your case is worth. Our attorneys will be able to determine this.
Medical malpractice cases are complicated and need to be handled by a seasoned malpractice attorney in order for you to get the most compensation from a lawsuit. We know who and when to sue, what legal arguments will be the most effective and beneficial for your case, how to gather proper evidence for your case, the strength of your case, what papers to file with the court and when to file them, how to manage court fees, your chances for settlement, and how to bring your case to trial if necessary. We will also know how to handle the attorneys for whatever health care defendant you end up suing.
It is common that the doctor's medical malpractice insurer may offer some settlement money, but the sum will be far less than what they would offer knowing a lawyer is threatening a lawsuit. An experienced medical malpractice attorney knows the insurance defense lawyers and medical malpractice insurers in your area, and will have a far greater chance of increasing your recovery.
If you believe you may have a medical malpractice case and you live in New Jersey or the Philadelphia metropolitan area, contact attorneys Weiss & Paarz today to arrange a consultation.
Medical malpractice cases are complicated and need to be handled by a seasoned malpractice attorney in order for you to get the most compensation from a lawsuit. We know who and when to sue, what legal arguments will be the most effective and beneficial for your case, how to gather proper evidence for your case, the strength of your case, what papers to file with the court and when to file them, how to manage court fees, your chances for settlement, and how to bring your case to trial if necessary. We will also know how to handle the attorneys for whatever health care defendant you end up suing.
It is common that the doctor's medical malpractice insurer may offer some settlement money, but the sum will be far less than what they would offer knowing a lawyer is threatening a lawsuit. An experienced medical malpractice attorney knows the insurance defense lawyers and medical malpractice insurers in your area, and will have a far greater chance of increasing your recovery.
If you believe you may have a medical malpractice case and you live in New Jersey or the Philadelphia metropolitan area, contact attorneys Weiss & Paarz today to arrange a consultation.
posted by Patti at 3:14 PM
Wednesday, May 28, 2008
What is Informed Consent? Why is it Important?
Informed consent is a process of communication and a signed agreement between a patient and physician (not a representative or proxy) that results in the patient's authorization to undergo a specific medical procedure or treatment. Without being fully informed of the risks and alternatives regarding a planned treatment, a patient cannot give an informed consent to proceed. This inadequate information may result in further injury and even wrongful death.
Adequate information from a physician regarding a procedure should include: the identification and qualifications of the physician or surgeon who will be performing the medical procedure, the patient's present medical condition (if known), the purpose of the proposed procedure and the risks involved, any alternatives to the procedure and the risks involved with the alternatives (including non-treatment if it is an option), the chances of the procedure's success, expected length of recovery time, the approximate cost of the procedure and whether it will likely be covered by the patient's health insurance
A patient must also be given the opportunity to ask the doctor questions and discuss their options with family.
Signing an informed consent form does not mean a doctor or hospital can't still be held accountable for malpractice. A doctor is still required to act within the required standard of care. It is also important to note that proving a physician or surgeon failed to obtain informed consent is not enough to win a medical malpractice lawsuit. A patient must prove that had they been informed properly, they wouldn't have consented to the medical treatment and that their medical outcome would have been different.
If you or a family member might be a victim of medical malpractice due to lack of informed consent, and you live in New Jersey or the Philadelphia metropolitan area, please contact attorneys Weiss & Paarz today.
Adequate information from a physician regarding a procedure should include: the identification and qualifications of the physician or surgeon who will be performing the medical procedure, the patient's present medical condition (if known), the purpose of the proposed procedure and the risks involved, any alternatives to the procedure and the risks involved with the alternatives (including non-treatment if it is an option), the chances of the procedure's success, expected length of recovery time, the approximate cost of the procedure and whether it will likely be covered by the patient's health insurance
A patient must also be given the opportunity to ask the doctor questions and discuss their options with family.
Signing an informed consent form does not mean a doctor or hospital can't still be held accountable for malpractice. A doctor is still required to act within the required standard of care. It is also important to note that proving a physician or surgeon failed to obtain informed consent is not enough to win a medical malpractice lawsuit. A patient must prove that had they been informed properly, they wouldn't have consented to the medical treatment and that their medical outcome would have been different.
If you or a family member might be a victim of medical malpractice due to lack of informed consent, and you live in New Jersey or the Philadelphia metropolitan area, please contact attorneys Weiss & Paarz today.
posted by Patti at 6:06 PM
Tuesday, May 20, 2008
Gastric Bypass Malpractice
Gastric bypass surgery has become a popular option for those who suffer from morbid obesity. Although the safety of the procedure continues to improve, the fatality rate is nearly twice that of other similarly complicated operations - affecting as many or more than 1 in 200 patients.
Abdominal surgery is risky. Risks include infections, heavy bleeding, inflammation of stomach's lining, rejection of material used for sutures, blockage of the intestines because of adhesion, and incisional hernia. Leaking of gastrointestinal juices from the surgical connections can lead to serious infection, abscess, peritonitis and death. 10-20% of patients who undergo gastric bypass surgery need follow-up surgery to correct such complications.
You or a loved one may have a valid gastric bypass malpractice claim if:
- The treatment facilities lacked appropriately-sized equipment for obese persons (diagnostic tools, instruments, CAT scanners, and operating tables)
- The physician was fatigued while performing the surgery, increasing the risk of complication.
- The physician failed to respond immediately to complaints of symptoms that indicated suture line leaks or other complications
- Excessive pain was endured shortly after the surgery
- Serious complications such as clotting, difficulty breathing, or kidney problems resulted from the surgery
- The doctor did not sufficiently monitor the post-operative recovery
- The physician failed to educate you or your loved one about post-surgery recovery so that in the event of complications the response could be swift and life saving
If you think you or a family member might be a victim of bariatric malpractice, and you live in New Jersey or the Philadelphia metropolitan area, please contact the experienced medical malpractice attorneys at Weiss & Paarz today.
posted by Patti at 6:37 PM
Wednesday, April 30, 2008
Injuries at Birth Can Last a Lifetime
During a difficult delivery and when there mistakes are made by doctors or other medical professionals, injuries to newborns can occur. One of the most common birth injuries is damage to the Brachial Plexus. The brachial plexus is a bundle of nerves that lies between the neck and the shoulder. Brachial plexus injuries result in numerous disabilities ranging from mild to severe, but the most common is called Erb's palsy.
Brachial Plexus injuries can be caused when the baby is born with shoulder dystocia. Shoulder dystocia is one of the most dreaded birthing experiences an obstetrician can face. Shoulder dystocia occurs when, after delivery of the baby's head, the baby's anterior shoulder gets stuck behind the mother's pubic bone. Not knowing how to properly deliver a baby with shoulder dystocia can be catastrophic, and this type of medical malpractice is especially tragic because an innocent baby is the victim.
There are several ways damage to the brachial plexus nerves can manifest itself in newborns:
A brachial plexus injury usually causes intense pain from the neck down on the affected side. People with brachial plexus injuries sometimes report the arm has a pins and needles sensation or feels like it is on fire.
Other symptoms include:
It is estimated that one or two out of 1,000 babies will be born with a brachial plexus injury. Most shoulder dystocia and Erb's palsy injuries are caused by medical negligence as there are effective ways of managing this birthing situation to prevent injury. Many times, shoulder dystocia can be anticipated, and Caesarean sections should be arranged but are not due to medical negligence.
Many brachial plexus injuries are the result of medical malpractice and require the services of an attorney. If you believe your child was injured due to the negligence of a health care professional, there is legal help available to you. Our birth injury attorneys have extensive experience representing victims of brachial plexus injuries and have offices conveniently located in
If you would like to learn more about your child's birth injury and what legal action you can take, please contact Weiss & Paarz, P.C. today to schedule your initial consultation. We serve birth injury victims and their families throughout New Jersey and the Philadelphia, PA area.
Brachial Plexus injuries can be caused when the baby is born with shoulder dystocia. Shoulder dystocia is one of the most dreaded birthing experiences an obstetrician can face. Shoulder dystocia occurs when, after delivery of the baby's head, the baby's anterior shoulder gets stuck behind the mother's pubic bone. Not knowing how to properly deliver a baby with shoulder dystocia can be catastrophic, and this type of medical malpractice is especially tragic because an innocent baby is the victim.
There are several ways damage to the brachial plexus nerves can manifest itself in newborns:
- Horner's Syndrome is caused by damage to the sympathetic nervous system and results in eyelid droop and a smaller pupil.
- Klumpke's Palsy is paralysis of the thoracic nerves and caused the hand to be limp with immovable fingers.
- Complete Brachial Plexus Palsy occurs when all five nerves of the brachial plexus are affected; the entire arm will be paralyzed.
- Erb's Palsy results in your newborn being able to move one arm but not the other. Most infants born with this condition will recover both movement and sensation in the affected arm without surgery, but if the nerves don't recover on their own, your child may require surgery or other treatments.
A brachial plexus injury usually causes intense pain from the neck down on the affected side. People with brachial plexus injuries sometimes report the arm has a pins and needles sensation or feels like it is on fire.
Other symptoms include:
- Loss of strength in the affected arm or hand
- Limp or paralyzed arm
- Lack of muscle control in the arm, hand or wrist
- Lack of feeling or sensation in the arm or hand
- Eyelid droop and small pupil
- An internally rotated and abducted arm and wrist
- Scapular winging
- Phrenic nerve damage
It is estimated that one or two out of 1,000 babies will be born with a brachial plexus injury. Most shoulder dystocia and Erb's palsy injuries are caused by medical negligence as there are effective ways of managing this birthing situation to prevent injury. Many times, shoulder dystocia can be anticipated, and Caesarean sections should be arranged but are not due to medical negligence.
Many brachial plexus injuries are the result of medical malpractice and require the services of an attorney. If you believe your child was injured due to the negligence of a health care professional, there is legal help available to you. Our birth injury attorneys have extensive experience representing victims of brachial plexus injuries and have offices conveniently located in
If you would like to learn more about your child's birth injury and what legal action you can take, please contact Weiss & Paarz, P.C. today to schedule your initial consultation. We serve birth injury victims and their families throughout New Jersey and the Philadelphia, PA area.
posted by Patti at 12:54 PM
Tuesday, April 29, 2008
Standard of Care and Birth Injury
When speaking and reading about medical malpractice and medical negligence, we often hear the words "standard of care." In tort law, standard of care is the degree of prudence and caution required of a medical professional who is under a duty of care. A breach of standard of care is necessary to prove medical negligence.
Legally speaking, standard of care is how similarly qualified practitioners would have managed the patient's care under the exact same or similar circumstances. A medical malpractice plaintiff (and his legal team) must establish the appropriate standard of care and demonstrate that the standard of care had been breached by defendant (medical professional).
Birth Injury
Sometimes the joy of childbirth fades quickly when parents realize there may be a problem with the delivery of their child. One of the most common types of birth injuries is called a Brachial Plexus Injury. The brachial plexus is a network of nerves that conducts signals from the spine to the shoulder, arm and hand. When those nerves are damaged, brachial plexus injuries occur.
How Do Brachial Plexus Injuries Occur?
During childbirth, shoulder dystocia may occur causing a very difficult delivery. Shoulder dystocia occurs when, after delivery of the baby's head, the baby's anterior shoulder gets stuck behind the mother's pubic bone. The rest of the baby does not follow the head easily out of the vagina as it usually does during normal deliveries. When a baby's shoulders become impacted during delivery, the brachial nerves stretch or tear.
Medical Error
Brachial plexus birth injuries are typically the result of medical negligence, and they often can be prevented. Failure to properly estimate the baby's weight, perform a c-section when necessary, recognize cases of gestation diabetes, and use of excessive force during delivery can all result in brachial plexus birth injuries.
It is estimated that one or two out of every 1,000 babies is born with a brachial plexus injury. One of the most common brachial plexus injury is called Erb's palsy and results in your newborn being able to move one arm but not the other. Most infants born with brachial plexus injuries will recover both movement and sensation in the affected arm without surgery, but if the nerves do not recover on their own, your child may require surgery and/or other treatments.
Limited Treatment Options and Long-term Damage
If your baby does not recover from his brachial plexus injury, your doctor should examine him at one-month-old and three-months-old. If there is no change over the first three months, nerve surgery may be recommended; however, nerve surgery will not restore normal function in infants older than one year. Because nerves grow at a rate of an inch per month, it may take months or years for nerves repaired at the neck to reach the muscles of the lower arm and hand.
Children who suffer birth injuries may live with the following:
If you would like to learn more about your child's birth injury and what legal action you can take against medical professionals, please contact Weiss & Paarz, P.C. today to schedule your initial consultation. We serve birth injury victims and their families throughout New Jersey and the Philadelphia, PA area.
Legally speaking, standard of care is how similarly qualified practitioners would have managed the patient's care under the exact same or similar circumstances. A medical malpractice plaintiff (and his legal team) must establish the appropriate standard of care and demonstrate that the standard of care had been breached by defendant (medical professional).
Birth Injury
Sometimes the joy of childbirth fades quickly when parents realize there may be a problem with the delivery of their child. One of the most common types of birth injuries is called a Brachial Plexus Injury. The brachial plexus is a network of nerves that conducts signals from the spine to the shoulder, arm and hand. When those nerves are damaged, brachial plexus injuries occur.
How Do Brachial Plexus Injuries Occur?
During childbirth, shoulder dystocia may occur causing a very difficult delivery. Shoulder dystocia occurs when, after delivery of the baby's head, the baby's anterior shoulder gets stuck behind the mother's pubic bone. The rest of the baby does not follow the head easily out of the vagina as it usually does during normal deliveries. When a baby's shoulders become impacted during delivery, the brachial nerves stretch or tear.
Medical Error
Brachial plexus birth injuries are typically the result of medical negligence, and they often can be prevented. Failure to properly estimate the baby's weight, perform a c-section when necessary, recognize cases of gestation diabetes, and use of excessive force during delivery can all result in brachial plexus birth injuries.
It is estimated that one or two out of every 1,000 babies is born with a brachial plexus injury. One of the most common brachial plexus injury is called Erb's palsy and results in your newborn being able to move one arm but not the other. Most infants born with brachial plexus injuries will recover both movement and sensation in the affected arm without surgery, but if the nerves do not recover on their own, your child may require surgery and/or other treatments.
Limited Treatment Options and Long-term Damage
If your baby does not recover from his brachial plexus injury, your doctor should examine him at one-month-old and three-months-old. If there is no change over the first three months, nerve surgery may be recommended; however, nerve surgery will not restore normal function in infants older than one year. Because nerves grow at a rate of an inch per month, it may take months or years for nerves repaired at the neck to reach the muscles of the lower arm and hand.
Children who suffer birth injuries may live with the following:
- Paralysis of the shoulder, arm and/or hand
- Loss of feeling in the shoulder, arm and/or hand
- Hand which does not function properly
- Limp hand or fingers
- Shorter than normal arm
- Rotated arm
- Winged shoulder blade
- Downward sloped shoulder
- Flexed elbow
- Atrophy of the deltoid, biceps, and brachialis muscles
If you would like to learn more about your child's birth injury and what legal action you can take against medical professionals, please contact Weiss & Paarz, P.C. today to schedule your initial consultation. We serve birth injury victims and their families throughout New Jersey and the Philadelphia, PA area.
posted by Patti at 12:48 PM
Monday, March 31, 2008
Reasons for Surgical Mistakes
Whether you are going into the hospital for a surgery that will only take a local anesthetic, or a major operation where you'll be unconscious for a period of time, you may feel a little hesitant. These feelings seem to be somewhat normal for most people. After all, no one wants to put their life in the hands of another person. But what if this person is qualified and highly trained? Are you more likely to let them perform surgery on you? The obvious answer is yes. However, accidents happen and mistakes are made even by the best surgeons, nurses, anesthesiologists, and hospitals in the world. But why do some of these things happen? We've heard stories of surgical instruments left inside patients, and arteries being clipped, yet we never really are given explanations for why these mistakes occurred in the first place.
Reasons
One reason mistakes are made might be due to the chaos that surrounds emergency situations. People who have been injured in accidents might need emergency surgery to keep them alive. And during this chaos, rush decisions need to be made by doctors and nurses. These rush decisions, meant to save lives can sometimes lead to permanent injuries that might not have occurred had the surgeons taken more time. It's times like these when instruments are left inside the patient's body.
Fatigue is another reason mistakes are made. While we'd like to believe that all surgeons have had their required rest, but hours for doctors and hospital staff are often long and sometimes arduous. When surgeons or their staff are tired, mistakes are more likely to be made, and patients are more likely to suffer as a result.
Miscommunication between doctors and staff is something that we don't like to think about, especially given the fact that our lives are in their hands, but with all the different charts showing different tests and other minutia that must be attended to, any little slip or note read the wrong way can spell trouble for all involved.
Thousands of people undergo surgery every week. Most of these surgeries are successful. However, a small percentage will be bungled and the patients will be injured or killed due to a health care professional's error. When these mistakes occur, you need to know what your options are. One of the options you have is to find out if you, or your loved ones, deserve compensation.
If you believe that an injury you or a family member sustained was due to some kind of negligence on the part of the surgeon or the team performing on you, please contact the experienced personal injury law offices of Weiss & Paarz P.C. in the Philadelphia and New Jersey area.
Reasons
One reason mistakes are made might be due to the chaos that surrounds emergency situations. People who have been injured in accidents might need emergency surgery to keep them alive. And during this chaos, rush decisions need to be made by doctors and nurses. These rush decisions, meant to save lives can sometimes lead to permanent injuries that might not have occurred had the surgeons taken more time. It's times like these when instruments are left inside the patient's body.
Fatigue is another reason mistakes are made. While we'd like to believe that all surgeons have had their required rest, but hours for doctors and hospital staff are often long and sometimes arduous. When surgeons or their staff are tired, mistakes are more likely to be made, and patients are more likely to suffer as a result.
Miscommunication between doctors and staff is something that we don't like to think about, especially given the fact that our lives are in their hands, but with all the different charts showing different tests and other minutia that must be attended to, any little slip or note read the wrong way can spell trouble for all involved.
Thousands of people undergo surgery every week. Most of these surgeries are successful. However, a small percentage will be bungled and the patients will be injured or killed due to a health care professional's error. When these mistakes occur, you need to know what your options are. One of the options you have is to find out if you, or your loved ones, deserve compensation.
If you believe that an injury you or a family member sustained was due to some kind of negligence on the part of the surgeon or the team performing on you, please contact the experienced personal injury law offices of Weiss & Paarz P.C. in the Philadelphia and New Jersey area.
posted by Patti at 7:10 PM
DISCLAIMER: The information and material contained in this New Jersey Medical Malpractice Lawyers' web site does not constitute legal advice and does not create an attorney-client relationship. The materials on this web site are provided for informational purposes only and are not guaranteed to be correct, complete, or up-to-date. Neither your sending of an e-mail nor the reading of such e-mail by any attorney at Weiss & Paarz P.C. creates an attorney-client relationship. Be sure to discuss your specific situation with an attorney.
