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Failure to Disclose is Medical Malpractice

On behalf of Folkman Law Offices P.C. posted on .

South Jersey Medical Malpractice Lawyers: Failure to Disclose is Medical Malpractice

A doctor has a duty to disclose all relevant information regarding a medical treatment to their patients. This allows the patient to make a fully-informed and understanding decision about their own treatment. If a doctor fails to disclose important information, it may leave him or her liable for medical malpractice.

Information a Doctor Must Disclose

This doctor’s duty to disclose includes such factors as:

  • What exactly the treatment involves
  • Possible risks of receiving the treatment
  • Possible risks of not receiving the treatment
  • The operation’s rate of success
  • Alternative treatments
  • Risks and benefits of these alternative treatments
  • Risks and benefits of refusing procedure altogether

This duty also makes it important that a patient does not feel unfairly pressured to continue with a test, treatment, or procedure. Healthcare providers must also inform patients fully of their qualifications and experience before beginning.

Consent Must Be Obtained

Informed consent forms are often standard with medical treatment. They normally state that a patient is consenting to a procedure after being fully informed of all risks and possible alternatives. Such written documentation is usually required for…

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Categories: Medical Malpractice, Uncategorized

Good News for Victims of TBI

On behalf of Folkman Law Offices P.C. posted on .

Cherry Hill Personal Injury Lawyers: Good News for Victims of TBIThere may be good news on the horizon for victims of traumatic brain injuries (TBIs). Because of the prevalence of TBIs among military personnel, the Office of Veterans Affairs (VA) has been conducting research into possible treatments. Taking hints from a study of mice at the University of Colorado in Boulder, the agency may have gained some insight.

The mice study was conducted by Christopher Lowry who previously noted a connection between inflammation and psychiatric disorders. To further study the effects, his team injected mice with a stomach bacteria known to have anti-inflammatory properties. Using Mycobacterium vaccae, the mice exhibited reduced levels of both inflammation and anxiety. However, the compound would need to be tested in human clinical trials before it is made available for common use. This could take years, even decades.

The VA is concerned with soldiers and the implications for treating PTSD as well as TBIs. The VA plans to expand the study conducted by Lowry to include a common over-the-counter remedy. Lactobacillus reuteri is a probiotic…

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Categories: Car Accidents, Personal Injury, TBI, Uncategorized

Folkman Law Offices Featured in You Should Know Newsletter for June


Cherry Hill Medical Malpractice Lawyers: Potential Caesarian Complications and Medical Errors

On behalf of Folkman Law Offices P.C. posted on .

Cherry Hill Medical Malpractice Lawyers: Potential Caesarian Complications and Medical ErrorsDespite the advances in medical technology and knowledge over the past century, birth is still a dangerous event for mothers and newborns. Delivery by caesarian section, a surgical procedure performed when a vaginal delivery is not possible, is generally a safe procedure. However, it does have risks that vaginal deliveries do not have and in some cases, these risks result in the mother’s passing or illness. A caesarian section can also result in a birth injury to the newborn.

Why Would a Caesarian Section be Necessary?

In the following scenarios, a doctor may recommend a caesarian section for a child’s birth:

  • The baby is too large to deliver vaginally
  • The umbilical cord is wrapped around the baby’s neck
  • The mother’s labor is delayed
  • The baby is in a head-down position close to delivery
  • The mother had a previous caesarian and a vaginal birth could cause its scars to rupture
  • The mother has an infection that could be transferred to the newborn
  • The mother is carrying two or more babies

Risks to the Mother and…

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Categories: Birth Injuries, Medical Malpractice, Uncategorized

Cherry Hill Personal Injury Lawyers Explain Ways to Avoid Summer Injuries

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Cherry Hill Personal Injury Lawyers Explain Ways to Avoid Summer InjuriesAs the seasons change, our lifestyles change. As the days grow longer and the weather grows warmer, we spend more time outside and in natural and man-made bodies of water. Schools let out for summer and students spend their days at summer camp, and playing outside.

With the summer season comes many injury risks. Just like snow and ice on the roadway during the winter can make it easier for car accidents to occur, summer activities and conditions create an environment for other specific types of accidents. Below are four ways to keep yourself and your family safe this summer.

Stay Safe in and on the Water This Summer

For families in New Jersey, summer is often synonymous with the beach, the boat, the lake, or the pool. Stay safe in the water this summer by keeping the following in mind:

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Categories: Car Accidents, Personal Injury, Uncategorized

Woman Claims Negligent Hospital and Medical Company Caused Serious Illness

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Woman Claims Negligent Hospital and Medical Company Caused Serious Illness

A woman from Delanco Township, New Jersey claims that the debilitating illness she contracted after surgery was caused by a negligent hospital and medical company. In February 2016, the woman went through open heart surgery, and, although the surgery was successful, a month later, doctors diagnosed her with a potentially lethal bacterial infection. Due to contracting the infection, she required four additional surgeries, and several rounds of strong antibiotics, which resulted in permanent hearing loss. Back in 2011, the FDA discovered that the medical device used in procedures like these allowed bacteria to form. However, the Tokyo-based manufacturer continued to market and sell the device to facilities like the cited negligent hospital despite reports of its faults. She filed a complaint against the hospital and the medical company that manufactured the defective medical device used in the procedure. Claims include negligence allegations, failure to warn, and defective design manufacturing.

Any time patients go through surgery, risk is involved, but patients trust that the doctors assigned to perform the surgery,…

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Categories: Medical Malpractice

Cherry Hill Medical Malpractice Lawyer: Doctors Overprescribing Drug Tied to Dementia

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Cherry Hill Medical Malpractice Lawyer: Doctors Overprescribing Drug Tied to DementiaOxybutynin or Ditropan is prescribed to treat urinary problems in millions of American seniors every year. More than 25 percent of older Americans with overactive bladders are given Ditropan by their doctors. However, research shows that Ditropan may not be the best option for these patients, as it has been linked to serious cognitive issues including dementia. Older patients are more susceptible than younger patients to cognitive decline caused by Ditropan, and should be carefully monitored by their doctors.

Ditropan and Overactive Bladder

According to the Urology Care Foundation, 33 million Americans suffer from an overactive bladder. People with overactive bladders need to urinate often, quickly, or both. Ditropan is one of the most often prescribed medications for treatment of an overactive bladder. The U.S. National Ambulatory Medical Care surveyed 2,600 patients with overactive bladders and found that more than one-quarter of them received Ditropan or something equivalent.

Although the U.S. Food and Drug Administration recommends that all Ditropan patients receive pre-medication neurological screening, less than 10 percent of participants did. Research going back to 2015 shows the…

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Categories: Medical Malpractice, Uncategorized

Cherry Hill Personal Injury Lawyers: New Treatment for Victims of Spinal Cord Injury

On behalf of Folkman Law Offices P.C. posted on .

 

Cherry Hill Personal Injury Lawyers: New Treatment for Victims of Spinal Cord InjuryWhile personal injuries can frequently cause a myriad of lasting issues, few are as harmful as spinal cord injuries. Spinal cord injuries frequently lead to paralysis in large parts of the body. This limits the ability to work or even to simply live day-to-day. However, there is a frequent side effect of such injuries which many find to be even more unbearable.

Many victims of spinal injuries report chronic, intense pain in the areas which otherwise do not experience sensation. For a long time, this pain was almost impossible to treat. Fortunately, a potential solution has been found recently.

Paralysis and Neuropathic Pain

In a report from the World Health Organization, it was found that about 25 million people worldwide have suffered from a spinal cord injury. Many of these injuries cause paralysis, and with paralysis frequently comes neuropathic pain. Neuropathic pain is described as a sensation of pain in areas of the body affected by paralysis. The pain is intense, and is often compared to electric shocks.

Neuropathic pain has long baffled doctors. There…

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Categories: Personal Injury, Uncategorized

Cherry Hill Car Accident Lawyer: Excess PIP Bills Now Recoverable in New Jersey

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Cherry Hill Car Accident Lawyer: Excess PIP Bills Now Recoverable in New JerseyA New Jersey court has held that injured motorists whose medical bills exceed their personal injury protection (“PIP”) limits may recover the difference from the at-fault driver. On June 1, 2017, the New Jersey Appellate Division issued a decision in the consolidated matters of Haines v. Taft and Little v. Nishimura. These cases were both auto accidents wherein the plaintiffs had selected $15,000 in PIP benefits under their automobile insurance policies, but their medical bills exceeded this amount. At trial, the plaintiffs sought to recover their unreimbursed medical expenses from the alleged at-fault drivers. However, the trial judges barred this evidence, finding that any medical expenses up to the statutory PIP limit of $250,000 were inadmissible under New Jersey law.

On appeal, the plaintiffs did not argue that the defendants were responsible for the first $15,000 in medical bills, “as these amounts have been satisfied by plaintiffs’ respective PIP benefits and are undeniably inadmissible” under New Jersey law. Rather, the plaintiffs argued that “if they prove defendants are responsible for their…

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Categories: Auto Accident, Car Accidents, Uncategorized

Cherry Hill Medical Malpractice Lawyers: Are Doctors Responsible for Pain Medication Addiction?

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Cherry Hill Medical Malpractice Lawyers: Are Doctors Responsible for Pain Medication Addiction?When patients are in pain, doctors often prescribe opioid pain medications. They are effective in treating pain, but can have a dangerous side effect. For many, what begins with a doctor’s prescription ends in the vicious cycle of drug addiction. Cherry Hill medical malpractice lawyers discuss who is liable for such addictions.

Research shows that almost five percent of people using narcotic pain relievers develop an addiction to narcotics. Which is a significant number when you consider the pain and devastation drug addiction has on families, and just how difficult it is to break free from addiction.

Most narcotic pain medications are made with opium, a natural ingredient also found in heroin. The most widely used natural narcotics are codeine and morphine. Narcotics can also be synthetic. Some of the most common synthetic narcotics are Percocet, Vicodin, and OxyContin.

When does a doctor’s prescription for narcotic pain medication become medical malpractice? The law defines medical malpractice in South Jersey and throughout the country as a health care provider’s failure to demonstrate the level of care that…

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Categories: Medical Malpractice, Uncategorized