Failure to Diagnosis and/or Misdiagnosis

The actor, John Ritter died in September 2003 from an aortic dissection (a separating of the lining of a major artery), a commonly misdiagnosed condition. His widow alleged that a California hospital had misdiagnosed his condition several times and had the correct diagnosis been made and proper treatment initiated, he would still be alive today. She ultimately settled a wrongful death lawsuit against this hospital.

Certain diseases are misdiagnosed over and over again such as aortic dissection, heart attack, infection, appendicitis and cancer. Cancer, by far is the most misdiagnosed illness with breast and colorectal cancers in the lead.

Many cancers are treatable when detected in early stages. Treatment of many cancers in an early stage will result in a cure. With aggressive treatment, many will survive the disease. Even for terminal cancer, a correct diagnosis might result in a treatment to extend life and ease the pain.

Proper medical care depends on the proper diagnosis of an illness or disease. Cases involving the misdiagnosis of an illness or disease or cases involving failure to diagnose the disease at all can be very significant, especially when the medical error has deprived the individual of necessary treatment and an opportunity for a favorable outcome.

Our attorneys have extensive experience examining medical records for signs that a doctor’s or other health care provider’s error resulted in the misdiagnosis or failure to diagnose an illness or disease. Working in conjunction with medical experts, we are able to successfully litigate or settle these types of cases.

Please contact the medical malpractice lawyers at KMH if a delayed diagnosis or a wrong diagnosis has caused a loved one’s current suffering or premature death or if a delayed diagnosis has impacted your life.

Heart Attack Misdiagnosis

You might ask, “How could a doctor miss a heart attack?” It does happen, as not every person having a heart attack presents with the classic symptoms of severe or crushing chest pain that radiates to the left arm, shortness of breath and severe sweating. Sometimes the only symptoms of a heart attack are a sensation of profound weakness, nausea and vomiting and a confused state.

A heart attack results from the sudden blockage of blood flow to the heart muscle itself. Blood supplies the heart with oxygen that it needs to survive. Without oxygen, the affected heart muscle dies.

Often a person experiencing symptoms felt to be a heart attack, will present to an emergency department where an EKG (electrocardiogram) and cardiac enzymes will be ordered by the doctor as a way to determine if indeed a heart attack is occurring. Often the EKG and cardiac enzymes initially are normal and despite the patient’s clinical history, the patient is sent home only to have a full-blown heart attack after leaving the emergency department. If a patient’s clinical history alone is strongly suggestive of a heart attack, regardless of a normal EKG and normal cardiac enzymes, it may be sufficient reason to require admission to a hospital’s monitored unit. Often the diagnosis of heart attack cannot be excluded until EKG and cardiac enzymes have been followed for a period of several hours.

If you or a family member has suffered as a result of a misdiagnosis of heart attack or failure to diagnose a heart attack contact our experienced medical malpractice attorneys at KMH.

New Jersey Emergency Room Errors and Emergency Room Abuse

Emergency healthcare workers provide the initial evaluation and treatment for patients of all ages with medical and surgical problems. Furthermore, emergency care is the only type of medical care required by law to be provided to all who need it regardless of complaint, time of day, or ability to pay. Emergency healthcare workers provide care 24 hours a day, seven days a week. Patients are seen without appointments and thus a mechanism must be incorporated to prioritize need to ensure that the sickest patients are seen first; this concept of triage should be done early in the emergency department encounter. Emergency healthcare workers manage multiple patients and coordinate multiple activities that assist in providing patient care and while all this is going on, lab and x-ray results are being returned to the physician on the very patients he is treating. The emergency physician must know when to enlist the assistance of a specialist consultant and whether to admit a patient or discharge him to home. All of this activity unfortunately lends itself to the potential for the care received by the patient to fall below the acceptable standards of care which can lead to further injury and problems for the patient. If you or a family member has suffered as a result of negligent care by an emergency health care provider, please contact our experienced medical malpractice attorneys at KMH to learn your legal rights are simply answer your questions.

Stroke Misdiagnosis

A stroke is a neurological condition in which a person manifests symptoms, such as paralysis, altered sensation of one side of the body, or speech difficulties. A stroke is caused by a diminished or absent blood flow to a part of the brain. Because various parts of the brain are responsible for different neurological functions, from basic functions such as breathing, to movement and sensation, to advanced functions as thought, the symptoms demonstrated by a person having a stroke are a reflection of the affected area in the brain. Strokes are most commonly due to a blockage of an artery in the brain and are referred to as ischemic strokes. The blockage is caused by a blood clot. The other cause of a stroke is bleeding in the brain which can be due to high blood pressure or one of several blood vessel abnormalities.

When diagnosis of a stroke is being entertained by a physician, time is of the essence and the initial assessment must determine the cause of the stroke as the treatment is different for an ischemic stroke versus a hemorrhagic stroke. If the diagnosis is an ischemic stroke, thrombolytic treatment, a breaking up of the clot causing a stroke, can be initiated only within three hours of the onset of the stroke. If the time of onset of stroke symptoms cannot be accurately determined then this treatment should be withheld. If the stroke is due to hemorrhage, then thrombolytic treatment cannot be given as it will cause further hemorrhage in the brain. Thus, it is imperative that a person with a change in neurological status be assessed rapidly so that the proper treatment can be initiated and further damage avoided. If you or a family member has suffered as a result of a misdiagnosis of stroke or a failure to diagnose stroke and treat in a timely manner, contact our experienced medical malpractice attorneys at KMH. to learn your legal rights or simply answer your questions.

Prenatal Birth Defects and MisDiagnosis

Prenatal misdiagnosis refers to identifiable birth defects or genetic diseases during a woman’s pregnancy which are not diagnosed due to healthcare provider negligence. This failure deprives the parents of an opportunity to choose whether or not to continue the pregnancy and/or whether to conceive in the future. If a healthcare provider’s negligence is the cause of a birth defect or genetic disease not being discovered during pregnancy, in some states including New Jersey, a wrongful birth claim can be made.

Obstetricians are required to inform a pregnant woman of available prenatal screening blood tests which include:

• Cystic fibrosis
• Canavans Disease (if of Jewish descent)
• Sickle Cell Disease (if of African American descent)
• Tay – Sachs disease (if of Jewish or Cajun descent)
• Thallasemias (if of Mediterranean or Southeast Asian descent)

A test referred to as a quadruple screen should be offered to a pregnant woman between 16 and 18 weeks gestation. A test result that is abnormally high or low could be associated with an increased risk of Down syndrome and/or neural tube defects. If the quadruple screen result is abnormal, the patient should be offered further testing which may include an ultrasound or amniocentesis to assist with arriving at a definitive diagnosis.

An ultrasound or sonogram should be performed at 16 to 22 weeks gestation to evaluate fetal anatomy. Many fetal anomalies can be detected if the examination is performed thoroughly and include neural tube defects, heart and brain defects, Down syndrome and missing organs and bones.

The following is a list of common mistakes made in prenatal misdiagnosis cases:
failure to take a thorough genetic screening history of both parents
failure to offer appropriate prenatal testing at the required gestational age
failure to offer the quadruple screen at the required gestational age
misplacing prenatal screening results by the obstetrician or by office
personnel
improper laboratory interpretation of prenatal screening tests
improper interpretation of the ultrasound or sonogram surveying fetal
anatomy

In order to recover for a prenatal misdiagnosis or wrongful birth claim, the parents must prove that a healthcare provider was negligent and that the negligence prevented them from knowing that there was an increased risk that the fetus had a birth defect or genetic disease and they must prove that if told of the genetic disease or defect during the pregnancy, they would have chosen to terminate the pregnancy and not to undertake the emotional hardship and financial responsibility involved in caring for a disabled child with a lifelong disability. If a wrongful birth claim is proven, the parents will receive monetary compensation for the special medical expenses and other extraordinary expenses related to the child’s condition for the duration of the child’s lifetime and also receive monetary compensation for the emotional injury and anguish endured by the parents for being forced to take on the lifetime burdens and tasks of raising a disabled child.

If your child has a birth defect or genetic disorder or disease that you suspect could have been detectable during pregnancy, getting compensation may be the only way to provide care and services needed to help your child receive optimum care and services. Please contact the medical malpractice attorneys at KM H. to assist you.

NJ Birth Injury Lawyers giving support and information on birth injury.

During the course of labor and delivery complications can occur which result in various health problems for a newborn. Collectively, these problems are referred to as birth trauma or birth injuries. Statistics show that approximately 27 out of every 1000 births involve some sort of birth related injury, with cerebral palsy as one of the most common. Other common birth injuries include oxygen deprivation, Erb’s Palsy, Klumpkie’s Palsy and brachial plexus injuries. These injuries are most often the result of medical negligence or error. A baby with a birth injury may make a full recovery or may suffer lifelong physical and or mental limitations.

Birth injuries are generally caused by operative deliveries, whether vaginal or abdominal. Operative delivery means the use of obstetrical forceps, vacuum extraction, or cesarean section to achieve the delivery. Birth injuries are commonly caused by:

Oxygen deprivation which can occur when the umbilical cord is compressed or twisted in the birth process, when the fetus remains in the birth canal for too long without appropriate intervention, or when the unborn fetus chokes on its own meconium.

Mechanical trauma when the unborn fetus has assumed an unusual position at the time of delivery or when the baby is too large to readily pass through the birth canal.

• Excessive force or improper rotational force during the delivery process.
• Excessive or improper use of vacuum extraction and or forceps.
• Delaying the performing of a cesarean section delivery during fetal distress.
• Failure of a midwife to seek the assistance of an obstetrician.

Improper intubation of a newborn requiring oxygen which results in an insufficient amount of oxygen reaching body tissue.

Unfortunately, children with birth injury conditions may never be capable of caring for themselves and the cost of providing for their security and procuring the best possible quality of life for them can be staggering. Additionally, the experience of caring for a child with a birth injury can be extremely stressful and emotional.

Not every birth defect is the result of negligence. Sometimes serious problems arise even where the doctor and other health care providers have done everything reasonably possible to prevent them. It is difficult for parents to make this determination, especially when overwhelmed by the injury to their newborn. If your child suffers from a birth injury that you believe may have been caused by the negligence of a health care provider, you should contact the experienced medical malpractice lawyers at KMH.

On December 10, 2009, the Senate passed a bill that would allow judges to reduce these mandatory prison sentences or even impose PROBATION depending on the circumstances of the case. Judges will now be able to take into consideration whether children were present; whether school was in session and the proximity to the school when determining an appropriate sentence. Finally, the Legislature has agreed that all “School Zone” cases are not the same and shouldn’t be treated as such.

The present bill will allow lawyers to argue various factors to make sure that their clients receive an appropriate sentence that could include drug treatment or probationary supervision to rehabilitate them, rather than just filling the prisons with non-violent offenders. This modification of the law is another step away from the one-size-fits-all type of sentencing that has tied the hands of judges and lawyers across the State for over two decades.

“Dog sitting can be a great way to temporarily enjoy the love of a pet, but New Jersey residents need to know that fun with a dog can quickly become a legal problem.”

Under New Jersey law, dog owners and sitters can be held responsible for injuries caused by a dog, even  if there’s no biting. A “playful dog” could cause injury by merely jumping on,  licking, or tripping an unsuspecting visitor.

“We handle cases every day involving visitors, postal workers, and delivery couriers who are injured by dogs,” says Mumola. “New Jersey law takes this very seriously.”

Letting a dog run on your property without a fence or walking it without a leash can be considered a violation of your duty as a dog owner, keeper, sitter or walker.  If this occurs, Mumola says you may be liable — and there’s no guarantee that your homeowner’s insurance will cover your victim’s injuries or protect your assets.

As a service to New Jersey residents, Mumola says his firm is available to discuss your options if you have been injured by a dog, or to answer your questions about your responsibility under New Jersey law as a dog owner.  Visit the Kalavruzos, Mumola, and Hartman website at kmhlawyers.com, or telephone Mike Mumola at 609-586-9000.

W. Les Hartman

As the current rate of unemployment in America reaches 10%, much of America’s workforce is struggling to maintain their current jobs or find new employment. Even highly skilled professionals and employees with vast amounts of work experience have become understandably nervous about their ability to support themselves and their families.

Given this current climate potential employees need every advantage they can get. One such advantage is to be able to answer “no” to the question of whether you have been arrested or convicted of a crime or criminal offense. Employers in the United States perform tens of thousands of backgrounds checks each year on not only new, but existing employees. The result could be the loss of your current job or your removal from consideration for that job you are trying to get.

Many of us have had contact with law enforcement in our youth or as a result of being in the ”wrong place at the wrong time”. In fact, approximately 1 in every 7 people have some sort of criminal background that could affect your ability to get a job when competing with someone without a criminal record with the same or similar qualifications.

Fortunately, there is a way of removing these old mistakes from your record and making you more competitive in this difficult job market. New Jersey law provides us with the ability to erase almost any arrest or conviction by requesting an “Expungement” of your record from the Superior Court. While some matters are not eligible for expungement and various waiting periods apply, most matters can be successfully removed and treated as if they never happened.

Upon completion of an expungement, a person’s criminal history will be wiped clean from their record. Additionally, if asked on a job application or at an interview whether they have ever been or arrested or convicted of crime or criminal offense, the expungement allows this person to answer “no”. This can be especially important when applying for government jobs since there are various restrictions involving public employment when an employee or potential employee has a criminal record.

At Kalavruzos, Mumola, Hartman, LLC we have handled hundreds of expungements with a near perfect success rate. After filing the Petition for Expungement our clients routinely leave with a clean record in approximately 30 to 90 days. To ask more questions about the expungement process visit Kalavruzos, Mumola, Hartman at our website at KMHlawyers.com or telephone W. Les Hartman, Esq. at (609) 586-9000.

Mike Mumola

It is a nightmare scenario. You’re driving your family to the Jersey Shore for summer vacation when another driver slams into your car — critically injuring your child. In the days that follow, you learn that your child will need years of physical therapy, and the driver who caused the accident has no insurance. Then the worst part: your auto insurance may not cover the loss your child has, and will continue, to suffer.

Stories like this are all too familiar to leading New Jersey Personal Injury Attorney Mike Mumola. He says that it is imperative that drivers know how much UM (uninsured motorist) and UIM (underinsured motorist) coverage they have on their policies.

“The wrong time to find out,” says Mumola, “is after the accident. Uninsured and underinsured motorist coverage is extremely affordable, and is worth every penny. It is not easy to put your life back together after someone almost takes it from you, but this helps relieve the financial burden.”

Mumola says that $500,000 worth of UM/UIM coverage can be added to many auto insurance policies for just a few dollars a month. The key, says Mumola, is asking.

“If you don’t know how much uninsured or underinsured motorist coverage you have, you probably don’t have enough.”

Mike Mumola, and his collagues at Kalavruzos, Mumola and Hartman, are available to review auto insurance policies for New Jersey residents at no charge. The firm’s telephone number is 609-586-9000. It is online at www.kmhlawyers.com.

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Kalavruzos, Mumola and Hartman, LLC, is a leading personal injury firm based near Princeton, NJ. The firm’s attorneys are recognized as experts in motor vehicle accident, wrongful death, medical malpractice, birth defects, criminal defense, DWI, slip and fall, and personal injury cases.