The Folkman Law Blog — Serving New Jersey and Pennsylvania

In a published opinion, the New Jersey Appellate Division has held that underage adult hosts have a duty to injured parties to desist from facilitating the drinking of alcohol by underage adults in their place of residence. In Estate of Narleski v. Gomes, ___ A. 3d ___, 2019 WL 2375480 (N.J. Super. Ct. App....Read More >>

Today, Gov. Phil Murphy signed a law extending the statute of limitations in civil actions for sexual abuse. It also creates a two-year period for parties to bring lawsuits based upon sexual abuse that would have been time-barred, even with the new statute of limitations. In his signing statement, Gov. Murphy noted that the...Read More >>

In Hewitt v. BS Transportation of Illinois, LLC, et al., No. 18-712, 2019 WL 199900 (E.D. Pa. January 11, 2019), a federal judge in Pennsylvania ruled that an employer may be held liable for harassment by a non-employee under Title VII.   The plaintiff in the case, Carl Hewitt, brought numerous claims against his employer,...Read More >>

In Vu v. Ski Liberty Operating Corp., Civil Action No. 18-1769, 2019 WL 549393 (3d Cir. Feb. 12, 2019), the Third Circuit Court of Appeals upheld the trial court’s dismissal of a lawsuit filed by a skier severely injured at Ski Liberty in Pennsylvania. The plaintiff, an experienced skier, alleged that a snowboarder caused...Read More >>

Federal law allows you to file a lawsuit against any person who deprives you of “any rights, privileges, or immunities secured by the Constitution and laws . . . .” 42 U.S.C. § 1983. This is commonly known as a civil rights lawsuit because the plaintiff must allege a violation of a civil right secured by the Constitution...Read More >>

In a published opinion, the New Jersey Appellate Division has reversed the dismissal of a lawsuit alleging that the defendants intereferred with efforts to purchase property for use as a group home for autistic individuals.  In Oasis Therapeutic Life Centers, Inc. v. Wade, Docket No. A-0711-17T3, 2018 WL 6441135 (N.J. Super. Ct. App. Div. Dec. 10,...Read More >>

Whenever we buy something – especially toys for our children – we hope that someone is making sure these products are safe. But since 1974, the Consumer Product Safety Commission (CPSC) has issued more than 850 recalls for toy products, many for hazards like magnets, lead and other hidden dangers. Between 2004 and 2008,...Read More >>

New Jersey law provides that injured persons are entitled to compensation for any aggravation of a preexisting condition. But what exactly is a preexisting condition and how does one demonstrate an aggravation? What Is a Preexisting Condition? A preexisting condition may be defined as “one that has become sufficiently associated with a plaintiff prior...Read More >>

We here at Folkman Law want to to wish you a happy and healthy Thanksgiving. While Thanksgiving is a wonderful time to share with family, it is also a time when many people are seriously injured. Often, these injuries are caused by the negligent or reckless behavior of others. Below are common causes of injuries on...Read More >>

When a plaintiff in a personal injury case puts an aspect of their physical or mental health at issue, such as by claiming a physical, cognitive, or emotional injury, the defendant’s insurance company will most likely and to obtain medical or psychiatric evidence to challenge those claims. In order to fight your claim, the...Read More >>

Car accidents are one of the most common ways in which people suffer serious injuries that result in extensive medical care. If you were injured in a car accident that was caused by the negligence of another person, you may be entitled to compensation. In order to ensure that you can prove your case...Read More >>

Most Americans take anything they see advertised on television or the internet with a grain of salt. Good, but the fact is that advertising works even if we think we are not swayed by the latest jingle or funny slogan. Otherwise, why would companies spend millions on ads to try and convince you to...Read More >>

You don’t see many prime-time news headlines about fatal injuries from falls, yet the numbers have skyrocketed since 2000 and now approach annual deaths caused by motor vehicle accidents. The National Safety Council recorded 34,673 fatal falls in 2016 compared to 13,322 in 2000, a 160 percent increase. Americans killed in car crashes in...Read More >>

The New Jersey Paid Sick Leave Act, N.J.S.A. 34:11D-1 et seq. (the “Act“), which was signed by Governor Murphy in May, went into effect on October 29, 2018. Under the Act, all employees—whether full time, part time, or seasonal—must be paid one hour of sick leave for every 30 hours worked, up to 40 hours...Read More >>

We get it. Many motorcycle riders hate wearing helmets. As experienced Cherry Hill motorcycle accident lawyers, we have many clients who tell us they do not like helmets. Unfortunately for them, not only are helmets required under New Jersey law, there is ample evidence to support the conclusion that helmets really do help to...Read More >>

Welcoming a new baby into the family is something parents approach with great joy. Everyone hopes and prays for a happy healthy new addition to the family. Unfortunately, there are instances where everything does not go as smoothly as planned or hoped for. When the worst does happen, a compassionate Cherry Hill birth injury...Read More >>

In a precedential opinion, the New Jersey Appellate Division found that an arbitration agreement was invalid where it failed to designate an arbitration forum and process for conducting the arbitration. In Flanzman v. Jenny Craig, et al., Docket No. A-2580-17T1, the plaintiff filed a lawsuit alleging age discrimination and retaliatory termination against her former employer....Read More >>

One in three traffic deaths in the United States involve a drunk driver. Drunk driving crashes claim more than 10,000 lives per year. That breaks down to over one drunk driving death an hour, every day of every year. In New Jersey alone, approximately 200 people die each year in a crash with a...Read More >>

It happens to almost everyone. You are walking along, minding your own business, and suddenly you find yourself flat on the floor. Whether you slipped on a wet or icy surface, tripped on debris, were knocked down while trying to navigate crowded aisles, or fell as a result of some other unsafe situation, you...Read More >>

Help Block Move to Cripple NJ Consumer Fraud Act Read full newsletterRead More >>

A traumatic brain injury (TBI) can result from all kinds of blows or bumps to the head that disrupt the normal function of the brain. Sometimes the injury is fatal. Each day, more than 150 people in the U.S. die as a result of a brain injury, with TBIs contributing to a whopping 30...Read More >>

If you or a loved one has been injured in an accident, you are going to need a good lawyer. Maybe you were in a car or a motorcycle crash. Perhaps you slipped and fell in a public place. Or maybe you are the victim of some type of medical malpractice. Regardless of the...Read More >>

Sharing the road with commercial vehicles can sometimes be scary. Commercial trucks include a wide range of vehicles, like car transport trailers, 18-wheeler shipping trucks, farm tractors, garbage trucks, tanker trucks carrying liquids, and many more. What they all have in common is that they are very large compared to the average car, and...Read More >>

People suffer fatal injuries each year due to poor hospital care. In fact, due to their hurried and overcrowded nature, emergency rooms alone are reported to be responsible for an exorbitant number of medical mistakes. Most of us consider medical malpractice to be obvious prescription errors, misdiagnoses, or surgical mistakes. However, when it comes to hospital-acquired infections, it...Read More >>

Fireworks cause 11,000 injuries each year. Unfortunately, more than half of those injuries occur on July 4. Fire officials urge residents to keep themselves and their families safe this summer by avoiding illegal fireworks.  Illegal fireworks are too powerful for residential use and often cause serious injuries, fatalities, and devastating home and yard fires....Read More >>

Because of the #MeToo Movement, many individuals in the fields of entertainment, journalism, and politics have lost their jobs or faced setbacks in their careers. Individuals accused of sexual harassment have been let go by their companies or they have chosen to resign their positions due to public pressure. A recent study by The...Read More >>

Early and accurate diagnosis of cancer can be the difference between life and death in many cases. One cancer survivor recently shared her harrowing story on Good Morning America in effort to prevent such delays in cancer diagnosis. The woman recounted her belief that she was initially misdiagnosed as a result of the “weight...Read More >>

New Jersey Governor Phil Murphy has indicated he wants state lawmakers to pass legislation legalizing recreational marijuana use by the end of the year. He believes legalizing marijuana can potentially bring $60 million in tax revenue to New Jersey, while decreasing incarceration rates for non-violent offenders. Some New Jersey residents are more skeptical about...Read More >>

A study recently published in the medical publication Nursing Research suggests certain mental health conditions contribute to risky and potentially dangerous driving behaviors among teen drivers. The study assessed how teens with symptoms of certain mental health conditions performed on controlled driving simulators – with interesting results. Teens with symptoms of hyperactivity and inattention...Read More >>

Patients entering a hospital for treatment rarely expect to develop additional medical complications resulting from their hospital stay. However, for individuals who develop sepsis while in the hospital, this is exactly what has happened. In some cases, the body will produce an inflammatory response when trying to fight an infection. The inflammatory response, which...Read More >>

Even the most prepared expecting parents sometimes find that childbirth does not always go according to plan. The baby’s size or position of the mother’s pelvic shape may lead to unexpected birth injuries during delivery. For most babies, birth trauma has no lasting effects on the child’s health and wellbeing. Yet a Swedish study...Read More >>

A South Jersey man had a surprise ending on a recent trip to the movies when the chair he was sitting in collapsed without warning. The man was watching a movie at the AMC Loews Theater in Cherry Hill, New Jersey when his chair broke, causing him to fall and suffer a concussion, post-concussion...Read More >>

New research shows that after a positive cancer screening result, it is important for patients to seek further testing as soon as possible to increase their chances of a good outcome. According to a recent study led by researchers at the Perelman School of Medicine at the University of Pennsylvania, the longer a patient...Read More >>

Over the past few decades, the sport of bicycling has grown exponentially. Now that warm weather is finally here, cyclists are everywhere. As the number of riders increases, so does the risk of injury. The most obvious danger is being hit by a car. It can be due to cyclist error or the fault...Read More >>

Thousands of Americans undergo hip replacement surgery each year. While many hip replacement surgeries involve the use of ceramic or plastic replacement parts, metal on metal hip devices continue to remain the popular choice for many individuals. When a metal hip replacement part fails, it can result in serious medical complications, including death. Reports...Read More >>

Millions of American families celebrate the unofficial start of summer with Memorial Day picnics and barbeques. Keeping safe while using barbeque equipment, including gas and charcoal grills, is the best way to prevent accidents and serious injuries from ruining your holiday. Here are some simple safety rules to follow before hosting a holiday barbeque:...Read More >>

In March, two Pennsylvania doctors were arrested for the excessive prescription of opioid painkillers and other medications. A Philadelphia psychiatrist admitted to prescribing an estimated 25,000 opioids for patients – many without medical examinations. A Pennsylvania pediatrician was also arrested for prescribing nearly 1,000 Oxycodone and Xanax pills to a personal friend, who acknowledged...Read More >>

For many people, motorcycles symbolize freedom and independence. But they do come with added risks. Without the protection of a steel outer structure and air bags and seatbelts, motorcycle riders are considerably more likely to be injured during a crash. According to federal government estimates, in 2015, motorcycle fatalities were 29 times the number...Read More >>

As spring returns, homeowners are ready to venture back outside and clean-up their home and yard after the long winter. Power washing is one of the most efficient ways to remove dirt and mold on aluminum siding, wood decking, and concrete patios. With 1,500 to 4,000 pounds of pressure per square inch (psi), power...Read More >>

Four attorneys from the legal team at Folkman Law Offices, P.C. will speak at the upcoming Boardwalk Seminar, which is hosted by the New Jersey Association for Justice (NJAJ). The event will take place May 9 through May 11 at Harrah’s Resort in Atlantic City, New Jersey. Our attorneys frequently engage in speaking engagements...Read More >>

Recently, at a Cleveland, Ohio fertility center, a nitrogen storage tank malfunctioned, damaging more than 4,000 human eggs and embryos. Employees at University Hospitals Fertility Clinic are still trying to assess exactly what went wrong and how to avoid similar problems in the future. Understanding Cryopreservation Cryopreservation is the storage of fertilized embryos at...Read More >>

On the surface, freestanding same-day surgical centers seem to be a more affordable and convenient alternative to hospitals for routine procedures. Cataract surgeries, colonoscopies, cosmetic procedures, and pain injections are common surgery center procedures. Many doctors refer their patients to surgery centers because they offer easy scheduling and higher reimbursements from Medicare and insurance...Read More >>

During a pedestrian accident in Millville, New Jersey, a car fatally struck the victim. Around 10 pm, on Wednesday night, the pedestrian was trying to cross North Second Street when a car hit the victim. After the victim was struck, a tractor-trailer swerved to avoid hitting the pedestrian. The victim succumbed to fatal injuries...Read More >>

E-cigarettes are often promoted as a healthier alternative to traditional cigarettes. However, this is far from the truth. Like regular cigarettes, e-cigarettes expose the user to harmful substances including lead and nicotine. A recent study in the scientific journal Frontiers of Physiology uncovered new information about the flavors used in many e-cigarettes and the...Read More >>

Approximately 200,000 avoidable fatalities occur each year in U.S. hospitals. The 2016 Leapfrog Group Hospital Safety Ratings revealed that 1,134 hospitals received a safety score of C or below. According to a recent report by the Armstrong Institute for Patient Safety and Quality at Johns Hopkins Medicine (AIPSQ), stronger focus on patient safety improvements...Read More >>

Two U.S. studies found that the saline solution used in intravenous fluid (IV) bags may not be safe for hospitalized patients. Researchers suggest that alternative balanced intravenous fluid, comprised of saline, potassium, and other ingredients that more closely resemble plasma be used to reduce the risk of kidney damage or death from saline solution...Read More >>

Young adults are often cautioned about the dangers of drinking and driving, especially as they go off to college. College parties are typically rife with alcohol and drugs, which can lead to catastrophic accidents if attendees decide to get behind the wheel while under the influence. However, while many college students are aware of...Read More >>

Patients who have been injured due to a medical provider’s negligence may bring a medical malpractice claim. The law recognizes that, in certain relationships, one person owes a duty of care to another. Medical professionals are relied upon for their high level of knowledge and skill and are held to a specific standard of...Read More >>

As New Jersey continues to search for ways to deter drivers from texting while driving, a new device called a “textalyzer” may become the state’s latest law enforcement tool. Textalyzers work by detecting smartphone activity after plugging directly into a smartphone. According to the manufacturer Cellebrite, the device does not extract personal information during...Read More >>

The opioid epidemic in the United States is an open secret. Opioid addiction impacts people from all walks of life in communities across the country. New research shows that most opioids are legally-obtained by patients from their doctors. While emergency room opioid prescription is very closely regulated, doctor’s office prescriptions are not. This raises...Read More >>

In response to the alarming increase in traffic deaths last year, safety experts have asked New Jersey Governor Phil Murphy to adopt a statewide “Vision Zero” campaign to protect pedestrians and cyclists. Last year, New Jersey experienced a thirteen percent increase in pedestrian deaths compared to the previous year. New Jersey currently uses a...Read More >>

To deliver quality care to patients, it is important that hospitals identify the appropriate ratio of patients to nursing staff, and maintain that ratio. There have been countless studies that indicate that the higher the number of registered nurses per patient, the lower the rate of poor patient outcomes. Because hospitals might prioritize profit...Read More >>

The legal team at Folkman Law Offices, P.C., is proud to announce that managing partner, Benjamin Folkman, has been recognized as a Super Lawyer for 2018. This marks the 12th consecutive year he has been selected by Super Lawyers for this honorable distinction. Super Lawyers bestows this prestigious honor annually, offering recognition to talented...Read More >>

New Jersey law requires every driver and passenger to wear a seat belt anytime they are in a car traveling the state’s roads and highways. Seat belt laws are designed to save lives and minimize injuries during a car accident. The choice to not use seat belts can negatively impact a personal injury claim...Read More >>

Ibuprofen is linked to male infertility, according to a study recently published in the journal, Proceedings of the National Academy of Sciences. The study was prompted by earlier research showing that the testicles of male babies were affected when mothers took aspirin, acetaminophen or ibuprofen. A co-author of the earlier study explains that all...Read More >>

There are numerous risks associated with driving. From negligent and distracted drivers, to unsafe driving conditions, car accidents and injuries occur on a daily basis and are one of the leading causes of fatal injuries in the United States. According to the United States Department of Transportation, a large number of accidents and injuries...Read More >>

Women who have undergone hysterectomies -one of the most common types of gynecological surgeries – are at greater risk of developing heart disease later in life. While hysterectomies are necessary for some diagnoses – such as uterine cancer – for other gynecological issues, alternative treatments may prove just as effective and safer. Mayo Clinic...Read More >>

Teens complete extensive classroom and hands-on instruction before taking that coveted driver’s license test. But when it comes to preventing crashes, it seems that months of preparation and training are no substitute for time and experience behind the wheel. The National Safety Council compiled a list of little known teen driver safety statistics that give...Read More >>

The legal team at Folkman Law Offices, P.C. proudly announces that Benjamin Folkman will speak at the March NJICLE event on the topic of legal malpractice. The NJICLE – New Jersey Institute for Continuing Legal Education – provides educational seminars, publications, software, and articles to the legal community. The presentation will take place on...Read More >>

Magnetic resonance imaging (MRI) scans are a common procedure used to create detailed images of the tissues and organs of the body. Thus, the scans are extremely helpful in determining injuries and diseases. Although considered an everyday procedure, the U.S. Food and Drug Administration (FDA) has issued a warning related to a dye commonly...Read More >>

For many seniors, the loss of the ability to drive equals an almost total loss of freedom. They may no longer be able to stay in their current home or run the simplest of errands. Many seniors are healthy and able to continue driving well into their 70’s and even 80’s, but time does...Read More >>

It is the transportation wave of the future. More and more people are taking advantage of ride-sharing services such as Uber or Lyft, but what happens if you are involved in an accident while traveling in one of these vehicles? Insurance issues regarding these privately-owned vehicles can quickly get sticky. New Jersey is one of...Read More >>

A fatal school bus crash occurred in Monroe Township, New Jersey, and took the life of a motorist. On Monday afternoon, around 4:12 pm, a bus driver made a left turn onto Route 322, and hit the car on the driver’s side, which caused the fatality. No students occupied the bus, but the bus...Read More >>

Although attention-deficit hyperactivity disorder (ADHD) often appears in childhood, the behavior disorder affects men and women of all ages. In order to combat the symptoms of ADHD, which include limited attention and hyperactivity, along with potential difficulties in concentration, memory, organization, and motivation, patients are often prescribed stimulants, including methylphenidate and amphetamine. While these...Read More >>

In Vineland, New Jersey, a van collision with a car caused a fatality and several injuries on Thursday morning. The fatal car accident occurred around 6:18 am, and caused the driver of the car to lose his life at the crash site. Eleven occupants in the van sustained a variety of personal injuries, and...Read More >>

Police officers and firefighters have inherently dangerous jobs. Their work often takes them to the side of the road where they are vulnerable to drivers who may or may not be paying attention and observing the speed limit. In 2009, New Jersey introduced the “Move Over” law requiring drivers to change lanes, slow down,...Read More >>

Although infant mortality has been declining on a global scale, children younger than one year old are dying more often in the U.S. than in 20 other wealthy nations, including Sweden, Japan, Italy, Denmark and Canada. According to a study recently published in the journal Health Affairs, children have been dying more often in the...Read More >>

Patients may experience severe complications when a medical professional fails to provide proper health care treatment. Unfortunately, medical errors are more common than most people think. Cases of medical malpractice vary in severity, with some of the most dangerous being errors associated with anesthesia. What is Anesthesia? Administration of anesthesia is common place when...Read More >>

Called South Jersey’s “deadliest” highway, Route 130 has claimed the lives of twenty-four people walking along or crossing the heavily-trafficked highway. The Tri-State Transportation Campaign named one busy section of Route 130 in Burlington County the state’s most dangerous road for pedestrians for six years. Now several agencies, including the Delaware Valley Regional Planning...Read More >>

Since 2013, the Food and Drug Administration (FDA) has required a black box warning on packaging of codeine prescriptions for children. This type of warning appears on the prescription drug’s label and is reserved for drugs with serious or life-threatening risks. A new study from the American Academy of Pediatrics that examined children’s prescriptions...Read More >>

During the winter months, drivers need to exercise extra caution to keep themselves and others on the roadway safe. The winter brings many car accident hazards that are not present at other times of year, such as: Decreased visibility due to shorter periods of daylight Ice and snow accumulation on the road Dramatic temperature...Read More >>

A pedestrian was fatally struck while attempting to cross Admiral Wilson Boulevard in Camden, New Jersey. Although the 42-year-old victim was standing near the pedestrian walkway near Baird Boulevard, a car hit him around midnight on Thursday morning. The man who was fatally struck in the pedestrian accident succumbed to his injuries later on...Read More >>

A new study from researchers at Harvard and UCLA examines a federal policy meant to reduce Medicare readmission rates to hospitals. Five years ago, the Hospital Readmission Reduction Program was introduced in effort to incentivize hospitals to reduce the readmission of Medicare patients by financially penalizing them. The study finds that while readmissions did...Read More >>

We are proud to announce that Folkman Law Offices has successfully represented a labor organization through a representation election (RC) before the National Labor Relations Board (NLRB)! An RC Petition is filed by employees seeking an election for representation after collecting signatures from at least 30% of workers in the potential bargaining unit. Petitions...Read More >>

According to the Centers for Disease Control and Prevention, car accidents are the number one cause of death in children aged 0 to 19 in the United States. While car seats can reduce the risk of death in young children by as much as 71 percent, they must be installed and used correctly in...Read More >>

The autonomous, or self-driving, vehicle revolution is coming, and is expected to save hundreds of thousands of lives. According to a study by the RAND Corporation, a U.S. nonprofit global policy think tank, such vehicles need only be “moderately better than human drivers” to prevent loss of life and severe injuries. Small Percentages, Huge...Read More >>

As patients undergoing medical procedures, most people are informed of the risks. However, many tend to view them as precautions – things that could happen, not things that do happen. Unfortunately, medical errors are more common than most people think and typically constitute medical malpractice. Every year, thousands of unsuspecting patients face severe injuries...Read More >>

With more states considering the legalization of marijuana comes many concerns regarding the effects its usage will have on crime and accident rates. According to the National Highway Loss Data Institute, accident rates have increased approximately 3 percent in states that have legalized the drug. Moreover, the Denver Post discovered a 40 percent increase...Read More >>

An opioid epidemic is sweeping the country, with dozens of deaths occurring daily. The situation is a national tragedy, and most often, the victims are relatively young and otherwise healthy. That is not the case with a substantial subset of opioid dependent individuals – cancer patients. Many cancer patients have become addicted to opioids,...Read More >>

A hearing was held in Newark recently, regarding the new proposed rules that will, if promulgated, prohibit prescribers from accepting uncapped compensation from pharmaceutical companies. Drug companies have previously been permitted to provide prescribing physicians with lavish meals, compensation for consulting work, and speaking engagements—or at least there has been no regulation prohibiting such...Read More >>

Teens look forward to earning their driver’s license. With a driver’s license comes more freedom and independence. Unfortunately, parents are not always quite as enthusiastic about this milestone in their children’s lives. Teen drivers lack experience and are more prone to taking risks. Add distraction to the equation and parents have one more reason...Read More >>

The aggressive marketing of a drug named Nuedexta to seniors has many questioning the ethics of big pharma and the doctors they work with. Nuedexta is approved to treat pseudobulbar affect (PBA), a condition that affects around one percent of Americans. Recent sales efforts focused on expanding the drug’s use for patients with dementia...Read More >>

There has been much confusion surrounding the issue of what is considered a safe following distance. Without a standardized definition, many drivers are not leaving enough space between themselves and the drivers in front of them. A recent study confirms that such a standardized definition should be created to prevent tailgating which often leads...Read More >>

The read the full newsletter click here. The South Jersey personal injury lawyers at Folkman Law Offices, P.C. are dedicated to helping those who have been injured due to the negligence of others. We work tirelessly to secure justice and compensation for our clients. To learn more about the services we offer, call 856-354-9444 to schedule a free confidential consultation...Read More >>

“The Ghost Train Generator” is the name of a new invention that could help prevent train accidents and save lives. It was developed by an engineer at Fermilab, America’s premier particle physics laboratory. The technical specialist did all the groundwork for the invention in his spare time before bringing his idea to the attention...Read More >>

Recent data from the Center for Disease Control (CDC) shows that six out of every one-thousand babies born in the United States suffers from birth trauma. Babies are delivered by a variety of specialists such as gynecologists, obstetricians, midwives, and neonatologists. These professionals have a legal obligation to maintain an acceptable standard of care...Read More >>

On Thursday morning, a fatal pedestrian accident occurred in Cherry Hill, New Jersey. The crash took place around 6:30 am on Route 38 and Longwood Avenue, and caused severe delays due to the main road being blocked. At the scene of the pedestrian accident, the victim succumbed to fatal injuries. No other information regarding...Read More >>

A recent study found that 15 percent of migraine sufferers are wrongly prescribed opioids instead of the medications generally recommended to treat their condition. Migraines can be debilitating. Along with intense and often throbbing pain, migraine sufferers can experience sensitivity to sound and light, dizziness, nausea, and vomiting that lasts hours or even days...Read More >>

In the 1990s, a leading auto insurer established a protocol which correlates the amount of damage a vehicle suffered in a crash to the extent of injuries suffered by the passengers inside. The minor impact soft tissue (MIST) protocol is used by claims adjusters to deny claims for significant personal injury in auto crashes...Read More >>

Surgical incision infections account for almost half of all hospital infections, and recent data from Massachusetts General Hospital (MGH) suggests patients with penicillin allergies are even more likely to develop such an infection. Surgical infections, with an average treatment cost of $25,000, can lead to major health complications and sometimes death if not properly...Read More >>

Thanksgiving tops the list of busiest travel seasons in the U.S. The increase in traffic on the highways also comes with an increase in travel-related car accidents. No one wants to have their Thanksgiving holiday travel interrupted by a crash. The experienced South Jersey personal injury lawyers at Folkman Law Offices, P.C. offer the...Read More >>

Blood-thinning drugs are prescribed primarily to preventing blood clots that cause strokes and heart attacks. They can be life-saving. However, many blood-thinners also come with dangerous side effects leaving patients at risk of potentially-fatal health problems. Doctors and pharmacists need to monitor patients taking blood-thinners for unsafe drug interactions, incorrect dosages, and risky side...Read More >>

We trust physicians to make the best decisions for our health and well-being. Yet even with the extensive education and training all physicians complete, mistakes still happen. When a doctor’s mistake leads to a patient’s injury, illness, or even death, malpractice may be involved. Medical malpractice occurs when a hospital or medical professional injures...Read More >>

The National Transportation Safety Board (NTSB) has released the results of its extensive investigation into a 2016 accident that killed the driver of a Tesla car while he was using the Autopilot system. The car was traveling on a Florida state road that had access from cross streets. A truck entered an intersection to...Read More >>

We are proud to announce that Benjamin Folkman, managing partner of Folkman Law Offices, P.C., has achieved recertification with the National Board of Trial Advocacy (NBTA) as a civil trial advocate. The NBTA’s mission is to recognize and promote excellence in legal advocacy through a national program certifying specialists predicated on high standards of...Read More >>

On Monday, November 6, 2017, Benjamin Folkman will host a live 75-minute webcast CLE entitled Starting and Managing a Law Practice in New Jersey. The webcast is offered through Lawline, an online CLE provider used by more than 120,000 attorneys to earn credits. To register for the live event, click here. For more information...Read More >>

When we lose a loved one, the emotional distress we feel is immeasurable. Knowing that the death could have been prevented, or that negligence on the part of someone else facilitated your loved one’s passing can make that tragedy even more difficult to deal with. In the event that you are involved in a...Read More >>

Falling leaves, pumpkin spice, and crisp temperatures means that autumn is here. Halloween is fast approaching with all the festivities it brings, but remember to make safety part of your celebration at home, at a party, or while trick or treating. While conjuring your costume or planning your trick or treat route, keep the...Read More >>

The law recognizes certain relationships in which one person owes a duty of care to another. That duty may be breached by the failure to exercise reasonable care in its fulfillment. When the breach causes injury, the injured party may seek compensation for their damages. One type of such legally recognized relationship is that...Read More >>

Medical paternalism happens when a doctor interferes with a patient’s ability to make a decision regarding his or her healthcare. This antiquated approach to healthcare still pervades the otherwise advanced medical industry and has led to backlash from uninformed patients suffering from unforeseen injuries. One area in which medical paternalism runs rampant is in...Read More >>

Many victims of car accidents may be tempted to forgo contacting a personal injury lawyer. Some may feel confident that they can handle it on their own, or that dealing with the situation is simple. However, for those who have suffered serious injuries in a car accident caused by another person’s negligence, having a...Read More >>

The opioid epidemic is a nationwide crisis. The role medical professionals play in the cycle of addiction is being scrutinized now more than ever. Some lawmakers are looking into whether pharmacists should be held legally responsible for deaths from the opioid prescriptions they fill. Several doctors have already been convicted of over-prescribing controlled substances....Read More >>

According to the largest distracted driving study conducted to date, 88 percent of drivers use their phones while behind the wheel. Whether they are texting, talking, or navigating the web, many of these drivers seem oblivious to the dangers of their behavior. Distracted driving is any activity that takes a driver’s eyes off the...Read More >>

To read the full October 2017 Newsletter, click here. The South Jersey personal injury lawyers at Folkman Law Offices, P.C. are dedicated to helping victims of negligence secure the justice they deserve and the compensation they need for their injury-related expenses. To learn more about the services we offer, call 856-354-9444 to schedule a free confidential consultation with an experienced member...Read More >>

Over 250,000 fatalities per year are attributable to medical error, according to Johns Hopkins patient safety experts. Medical malpractice occurs when patients are harmed by negligent medical professionals. Certain types of hospital errors are more common than others and lead to more injuries, fatalities, and medical malpractice cases. Below are some of the more...Read More >>

Many social media users believe if they set their page settings to private, their personal lives will not be broadcast across the internet. However, this misconception is causing a lot of trouble. Online bullying, cyber-stalking, and individuals posting incriminating evidence have all become commonplace online, leading to severe implications for those involved. Information posted...Read More >>

A school bus crash in Bridgeton, New Jersey occurred on Tuesday morning. Around 7:30 am, a car collided with the school bus on Pearl Street, which caused  injuries for the driver of the car. It is unclear if any students occupied the bus at the time of the accident. Oftentimes, bus accidents may result...Read More >>

For many teens in the United States, one of the most exhilarating moments of their young lives is obtaining a driver’s license. A license can bring them a sense of freedom and marks the advancing of adulthood. However, parents may be more apprehensive about this newfound freedom. Car accidents are one of the leading...Read More >>

According to the March of Dimes, the premature birth rate in the United States increased for the first time in eight years. The latest March of Dimes Premature Birth Report Card reports that the premature birth rate rose to nearly 10 percent in 2016. The March of Dimes gives the U.S. a “C” grade...Read More >>

The Governors Highway Safety Association released new data showing that pedestrian fatalities are the highest they have been in more than 20 years. The Governors Highway Safety Association, representing safety offices throughout the country, ordered the report, which contains data from every state and the District of Columbia. They found there were 6,000 pedestrian...Read More >>

Investigations are underway as to why eight residents of the Rehabilitation Center at Hollywood Hills in Hollywood, Florida died in the days after Hurricane Irma swept through the state. The nursing home had prepared for the hurricane by stocking enough food and water for seven days and making sure the power generator was working,...Read More >>

Two separate pedestrian accidents caused personal injuries for one victim and a fatality for another on the weekend in South Jersey. The first incident took place around 10 pm on Saturday night on Route 38 and Chapel Avenue in Cherry Hill, New Jersey when a car hit a pedestrian. The victim sustained serious injuries,...Read More >>

Early detection and proper diagnosis are crucial for fighting cancer. When doctors fail to diagnose cancer, a patient’s prognosis can be changed forever. Patients who are harmed by a doctor’s mistake may consider pursuing a medical malpractice case. Diagnosing Cancer For many reasons, cancer can be difficult to diagnose. People often ignore the symptoms...Read More >>

Christina Grimmie was a talented young singer, songwriter, and pianist. After placing third on The Voice, she rose to fame, releasing an album and going on tour around the world. Sadly, after a concert in which she performed at The Plaza Live in Orlando, Florida, Grimmie was shot to death by an obsessed fan....Read More >>

Essure sterilization coils were approved for use in the United States by the Food and Drug Administration in 2002. The less-invasive surgery involves placing the coils inside the fallopian tubes, causing scar tissue to form, thereby blocking the tubes and preventing fertilization. Essure was marketed as a simple and safe alternative to the conventional...Read More >>

Concert and festival season is in full swing. Listening to live music is a great way to spend a night. Yet mixing alcohol, crowds, and the poor lighting of many venues can be a recipe for disaster. Concert injuries are not uncommon. The following are some ways to ensure you and your loved ones...Read More >>

A recent study published in the Journal of American Medicine Association for Surgery, also known as JAMA Surgery, linked doctors’ rudeness with health outcomes and medical malpractice lawsuits. The authors of the study suggest that if a doctor is rude to a patient, it may be an indicator that he or she will not...Read More >>

The results of recent study conducted by John Hopkins University and published in the Journal of General Internal Medicine may be cause for concern for millions of Americans and their loved ones. Researchers found that fewer than one in 10 primary healthcare physicians could identify all 11 risk factors for pre-diabetes. This serious condition...Read More >>

A multi-vehicle pileup occurred on Thursday night in Atlantic City, New Jersey. Around 11:30 pm, the accident took place on Route 30 in the westbound lanes. The pileup involved six different vehicles, causing a range of personal injuries for six individuals. One car accident can easily lead to a multi-vehicle pileup, which may result...Read More >>

As part of the GOP effort to repeal and replace the Affordable Care Act (ACA), House Republicans introduced a bill that would make medical malpractice lawsuits more difficult to win for those covered by Medicare, Medicaid, and ACA-subsidized health insurance. The bill H.R. 1215, designed to reduce frivolous claims, would apply to lawsuits related...Read More >>

The results of a recent car accident study show that fatal car crashes occur most frequently in small vehicles, and larger sized vehicles do not incur fatalities as often. Crash data from the federal government was analyzed between 2012 and 2015. The vehicles most frequently associated with driver fatalities included the Kia Rio and Hyundai...Read More >>

On Tuesday morning, a SEPTA train accident in Upper Darby, Pennsylvania, left 42 individuals with a range of personal injuries. The SEPTA train accident occurred around 12:15 am when a train coming from the Norristown High Speed Line hit an unoccupied train car at the Upper Darby Transportation Center. Forty-one passengers and the train...Read More >>

We are pleased to announce that five attorneys at the Folkman Law Offices, P.C. have been recognized for their achievements as legal professionals by SJ Magazine. In the August issue of the publication, SJ Magazine presents their choices for their 2017 Top Attorneys list, citing lawyers in South Jersey for this honorable distinction. Each...Read More >>

A groundbreaking new study by The Doctors Company and CRICO Strategies has been published that looks at missed diagnoses of patients with heart problems. Investigations into 251 closed malpractice cases were done where patients alleged that their medical practitioner did not diagnose them with a cardiovascular condition. The study found that compared to other...Read More >>

The warm weather is finally here, which means enthused motorcycle riders can be spotted on all the roadways. However, riding a bike on the open road is not all freedom and fun. Sadly, motorcyclists are 18 percent more likely to suffer fatalities in an accident than other drivers. Motorcycle accidents can be caused by...Read More >>

To view this post, click on the image or click here. For more information on the services offered at Folkman Law Offices, P.C., submit an online inquiry form or call 856-354-9444 to speak to an experienced Cherry Hill personal injury lawyer.Read More >>

In Cherry Hill, New Jersey, two motorcycles collided with a car, causing a fatality. The accident occurred on Thursday night around 8:30 pm on Kings Highway between Route 70 and Chapel Avenue. One motorcyclist succumbed to his fatal injuries at the scene of the accident where the motorcycles collided with the car, and another...Read More >>

Studies show that older drivers are more likely to suffer serious injuries when involved in a car accident. In 2014, more than 230,000 older drivers were treated in emergency rooms across the country due to car accidents, and more than 5,700 senior drivers suffered fatalities. As Americans reach the age of 70, their risk...Read More >>

A new study published in the Journal of Bone and Joint Surgery reveals that people who take opioids prior to knee replacement surgery suffer more pain after the procedure than those who do not. Despite the implications of this study, opioid prescriptions are on the rise. In the United States, over $1.5 billion is...Read More >>

Researchers at Harvard have discovered that age does matter when it comes to hospital physicians. According to the findings of their study, which were published in the British Medical Journal (BMJ), there is a link between physician age and clinical performance. One might think that the older a physician is, the more experience they...Read More >>

If you have a pre-existing medical condition, you need to be aware that there is a high possibility of exacerbating or aggravating your pre-existing neck, spine, or back condition in a slip and fall, work place incident, or auto accident. Many times, insurance companies will try to use your pre-existing condition against your case,...Read More >>

Nurses are often the front line of medical care for patients. When a nurse fails to provide a certain standard of care and that failure injures a patient, medical malpractice may be involved. Proving nursing malpractice can be challenging; however, a skilled Cherry Hill medical malpractice lawyer can help. Common examples of nursing malpractice...Read More >>

On Wednesday afternoon, a school bus crash in Moorestown, Burlington County, New Jersey, injured several passengers. Over 20 passengers sustained personal injuries during the crash, which occurred around 3 pm when the school bus and another vehicle collided. Accident victims were taken to Kennedy Hospital in Cherry Hill, New Jersey, for treatment of their...Read More >>

An autopsy is the internal and external examination of the body used to determine the cause of fatality. An autopsy is comprehensive, involving surgical procedures, laboratory analysis, and the assessment of medical records. A completed autopsy includes the medical examiner’s findings, photos of the deceased, and a fatality certificate. To prove medical malpractice in...Read More >>

To view the post, click the image above or click here. For more information on the services our Cherry Hill personal injury lawyers offer, call Folkman Law Offices at 856-354-9444 or contact us online.Read More >>

The increasing popularity of sites like Facebook, Twitter, and Instagram is a testament to how integral social media has become in modern society. Over 65 percent of U.S. adults use a form of social media, according to a 2016 survey conducted by The Pew Research Center. However, while these sites may be excellent platforms...Read More >>

Some personal injuries take longer to recover from than others. And the most severe personal injuries cause health problems that never fully heal. Here are some of the most common health challenges victims of personal injuries may have to overcome in the years following their accident. When a person suffers a personal injury involving...Read More >>

Every trip to the hospital involves some risk. We hope for the best outcome possible for our illness or injury, but mistakes happen. There are some ways that we, as patients, can take charge of our own health and do our part to prevent medical errors. Share Your Health History It is crucial when...Read More >>

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...Read More >>

There 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...Read More >>

To read more, click the image, or click here. For more information on Folkman Law Offices, contact us online or call us at 856-354-9444. We represent clients in Pennsylvania and New Jersey.Read More >>

Despite 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...Read More >>

As 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....Read More >>

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...Read More >>

Oxybutynin 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...Read More >>

While 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...Read More >>

A 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...Read More >>

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...Read More >>

New Jersey drivers are required to carry automobile insurance. Insurance companies offer various levels of coverage in their New Jersey automobile insurance plans. One option drivers may select is the “verbal threshold” or “limitation on lawsuit.” In the event of an accident, drivers who select the verbal threshold give up the right to recover...Read More >>

Memorial Day, the unofficial kick-off for the summer season, brings with it lots of fun activities enjoyed with friends and family. Whether you are hitting the highway, the pool, or the backyard barbecue, a few friendly safety reminders will keep you and your loved ones safe all summer. Summer Travel Millions of Americans will...Read More >>

Apology laws have been passed in more than 30 states in an attempt to reduce malpractice lawsuits. These laws allow for physicians to freely express their condolences to patients or their families for any issues during treatment. Under apology laws, these condolences are not admissible in court. However, recent studies have found that apology...Read More >>

Folkman Law Offices’ Managing Partner Benjamin Folkman appeared on NBC 1O to discuss a fatal bus accident that occurred in Camden County New Jersey. To view the video and read the article, click here. To learn more about Folkman Law Offices’ services, fill out this online contact form or call 856-354-9444.Read More >>

Is it possible to sue a deceased person? This may seem like a strange question, yet there are actually quite a few scenarios where it makes legal sense to pursue a case against a deceased person. Passing away does not automatically absolve a person of their legal or financial obligations. Here are some examples...Read More >>

To read more, click on the image or here. For more information on our firm, call 856-354-9444 to speak with a Cherry Hill personal injury lawyer at Folkman Law Offices or contact us online.  Read More >>

Every surgery – even the most minor – poses the risk of medical error. But does every surgical error constitute as medical malpractice? Malpractice is essentially negligence. To determine if medical malpractice has occurred, Cherry Hill medical malpractice lawyers use a legal guideline called “standard of care.” Standard of care is essentially the skill...Read More >>

Sideswipe car accidents are more common and potentially much more dangerous that you may think. Sideswipe accidents occur most often when one vehicle veers into the lane of another, either hitting that car or causing it to veer out of the way. When two vehicles are traveling at a high rate of speed, a...Read More >>

Foot injuries can be very painful because our entire body weight rests on the feet. Such injuries are inconvenient because normal day to day movement is restricted. So imagine if instead of healing a foot injury, permanent damage is inflicted by the person who is supposed to be curing the problem. Podiatric Malpractice There...Read More >>

A traumatic brain injury (TBI) is an injury to the brain that can have physical and psychological symptoms for the patient. Any time the head suffers an impact, a TBI can occur. Types of accidents that can result in a TBI for the victim include car accidents, slip and fall accidents, and animal attacks....Read More >>

Life scientists at the University of California Los Angeles (UCLA) conducting research on head injuries have identified master genes that are believed to control hundreds of other genes that are linked to several diseases including Alzheimer’s disease, Parkinson’s disease, depression, and schizophrenia. The research was done at UCLA’s Institute for Quantitative and Computational Biosciences....Read More >>

Use of forceps during the delivery of a child is sometimes necessary. Using this surgical tool, a doctor can gently guide an infant through the birth canal when complications arise. Improper use of forceps can cause injury to the infant, some of which may be life-long or life-threatening. During delivery, the mother may suddenly...Read More >>

Three attorneys from Folkman Law Offices, P.C. will present at the New Jersey Association for Justice (NJAJ) Boardwalk Seminar® 2017. The three-day seminar, which runs from April 26 through April 28, was designed to meet the continuing education requirements of trial attorneys, and features outstanding regional and national speakers. Folkman attorneys Benjamin Folkman, Sarah Slachetka, and...Read More >>

According to New Jersey State Police data, traffic fatalities in New Jersey rose eight percent in 2016 from the previous year. In 2016, more than 600 people lost their lives in car accidents on New Jersey roadways, the highest number since 2011. State Police Sgt. Jeff Flynn cites speed and unrestrained passengers as the...Read More >>

According to a recent study published in Neuropsychopharmacology, a promising new treatment may offer traumatic brain injury (TBI) patients improved outcomes. Researchers from the Indiana University School of Medicine found that combining methylphenidate, also known as Ritalin, with cognitive-behavioral therapy improves memory, attention, and executive functioning for TBI patients. Participants in the study were...Read More >>

Cataract surgery is a very common procedure, but that does not make it risk-free. If you experience complications from routine cataract surgery, do you automatically have grounds for a medical malpractice claim? Unexpected outcomes are not always malpractice. Here is some information to help you determine whether or not to file a medical malpractice...Read More >>

Seat belts are one of the most valuable and integral safety devices in a car. Often, they can mean the difference between life and fatal injury in a car accident. In fact, they are credited with saving nearly 14,000 lives per year. However, there are some unexpected hazards which can potentially result from seat...Read More >>

Anyone following slowly behind a senior on the highway can be quick to bemoan the dangers of older drivers. But actually, the assumption that seniors are the worst drivers on the road is quite inaccurate. Both teens and seniors are responsible for more accidents than middle aged drivers, making them riskier driving groups. However,...Read More >>

One of the most dangerous procedures during a surgery is administering anesthesia. Research sponsored by the National Institutes of Health showed that in one six-year period, nearly half of all anesthesia-related fatalities were the result of overdoses. Top 5 Reasons for Anesthesia Mistakes An overdose is a big mistake, but not the only mistake....Read More >>

When you or a loved one suffers a stroke, prompt medical intervention can mean the difference between a positive and a tragic outcome. If you feel your doctor is either misdiagnosing a stroke or is not treating it aggressively enough, you need to take immediate action. Swift treatment during and right after a stroke...Read More >>

Traumatic brain injury (TBI) occurs when an impact to the head adversely affects the brain. TBIs are usually caused by accidents, most commonly a slip and fall accident, but car accidents, motorcycle crashes, and truck accidents can also result in devastating TBIs. Depending on the severity of the trauma, a traumatic brain injury can...Read More >>

When someone has been harmed by medical malpractice, the most pressing thing on their mind is recovery. Going into the hospital for surgery or any other procedure is stressful enough, but enduing painful complications adds to the stress. Often, it is not until much later that a patient or family member realizes that the...Read More >>

Since founding Folkman Law Offices in 1998, Benjamin Folkman has been dedicated to fighting for each of his clients while catering to their unique needs. That dedication is reflected in his most recent recognition as a Top-Rated General Litigation Attorney in Cherry Hill, NJ for 2017. This is Mr. Folkman’s 11th year being recognized...Read More >>

With spring fast approaching, the chance that you may be injured in a car accident is increasing. While everyone should take precautions to be safer while driving, we all know that this does not always happen. Sometimes, even the best of precautions may not be enough to avoid a car accident. Increase in Car...Read More >>

To read more, click the image or click here. To learn more about the South Jersey personal injury lawyers at Folkman Law Offices, P.C., call our offices at 856-354-9444 or contact us online.  Read More >>

Medical malpractice in South Jersey happens daily. From failures to remove items left inside a patient after surgery to improper handwashing techniques, people suffer needlessly at the hands of negligent hospital staff. One of the most alarming trends in medical malpractice is what has been termed ‘dead in bed.’ What is Dead in Bed...Read More >>

Responsibility and accountability — even for the powerful — are rooted into the core of our legal system. Our founders understood that a democracy requires a judicial system that empowers people to protect themselves by holding the powerful to account. Politicians in the pockets of large corporations and insurance companies have devised a plan specifically aimed...Read More >>

Hospital acquired infections or HAIs are far more common than most people realize. Although infection rates have declined slightly in recent years, a significant number of patients still leave hospitals with serious conditions they did not have when they entered. The Centers for Disease Control and Prevention (CDC) warns that about four percent of...Read More >>

Erb’s palsy is a condition that occurs during childbirth. It is a form of paralysis to the arms resulting from either a difficult birth or medical malpractice. In New Jersey, roughly two out of every 1000 births result in this condition. Other terms used include shoulder dystocia and brachial plexus palsy. Erb’s Palsy Cause...Read More >>

Rear-end collisions, in which one vehicle strikes another from behind, are one of the most common types of car accidents. In almost all of these incidents, the driver who crashes into the other is considered to be responsible for the accident. It is the responsibility of every driver to ensure that he or she...Read More >>

Traumatic brain injury or TBI is something most often associated with war veterans or professional athletes, but it is important to be aware of the consequences of TBI in children as their brains are still developing and changing. The most common causes of TBI in children are incidents involving sports, falls, and motor vehicle...Read More >>

Medical malpractice in South Jersey affects hundreds of people each year, but some of the most emotionally devastating malpractice cases are those that include newborn children and mothers. Mothers who are expecting have a great deal of control in choosing the place and nature of their births, including the technology and medications used, type...Read More >>

Research has found that drivers in New Jersey are, according to some metrics, some of the worst in the entire country. In a list of the top 10 worst drivers in the nation compiled by SmartAsset.com, New Jersey came in 4th, only beaten by Oklahoma, Mississippi, and Florida. The researchers used data from the...Read More >>

Intubation is an emergency procedure used when a patient is unable to breathe. It is most often used in emergency rooms and during hospital surgeries, but also in dental procedures and urgent care facilities. Intubation is often referred to as an EI or ETI among medical professionals. Although usually performed by an anesthesiologist, doctors,...Read More >>

After an overnight snowstorm, snow blowers prevent back-breaking shoveling. Yet most are not as safe as advertised. Many are defective but all are dangerous. Personal injuries in South Jersey from such faulty products have been known to happen. Nationwide, more than 5700 finger and hand amputations occur each year because of snow blowers. Why...Read More >>

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Of all the different types of cancer, skin cancer is the most common in the United States. There are different kinds of skin cancer and melanoma is the deadliest form. When detected early it is 99 percent curable, but if allowed to metastasize or spread, it will attack other parts of the body, typically...Read More >>

With the recent media attention surrounding the spontaneous explosions of defective products including hoverboards and Samsung Galaxy cellular phones, the safety of Lithium-ion batteries is in question. Lithium-ion batteries are all around us, powering everything from digital cameras and e-cigarettes to cars and trains. They rarely malfunction, but when they do the results can...Read More >>

No one disputes the dangers of texting while driving in New Jersey, but did you know that eating behind the wheel can be just as risky? Distracted driving car accidents account for at least 11 percent of all fatal car crashes across the country. Anything that prevents a driver from being fully focused on...Read More >>

The Centers for Disease Control and Prevention (CDC) is investigating an outbreak of Burkholderia cepacia, (B. cepacia) bloodstream infections in patients in long term care and rehabilitation facilities. So far, the outbreak numbers 153 cases in 58 facilities throughout Delaware, Maryland, New Jersey, New York, and Pennsylvania. Although 6 fatalities have been reported, it...Read More >>

Over 550 people were fatally injured last year on New Jersey roads, according to the National Highway Traffic Safety Administration. This means that for every 100,000 residents, roughly 6.27 lose their lives in fatal car accidents every year in New Jersey alone. In total, there were about 290,000 total accidents in New Jersey in...Read More >>

Illness or injury to a child is every parent’s worst nightmare. Stress is at its all time high when a family is dealing with medical issues involving a child, and this can be made far worse if the issue of medical malpractice comes into play. After all, in times of medical distress, parents trust...Read More >>

According to Johns Hopkins University School of Medicine, medical error has now surpassed respiratory disease as the third leading cause of death in America. That equates to approximately 250,000 fatalities per year – a daunting statistic. What is causing these medical errors and what can be done to prevent them from leading to more...Read More >>

Slip and fall accidents happen every day. Individuals can slip and fall on a wet floor, obstructed walkway, or uneven carpeting. What if the fall happens in a public place, like a retail store? Someone may want to leave as fast as possible to avoid embarrassment. However, it is important to follow these steps...Read More >>

With the holiday season upon us, many people will be on the road traveling to be with friends and family. Some of that driving will take place under wintery conditions. By being prepared for snow and ice, you can be sure to arrive safely at your destination. According to the Federal Highway Administration (FHWA),...Read More >>

The holiday season is a magical time of year, but it can also be dangerous. Several factors come together to explain why slip and fall injuries increase during the holidays. Crowds are bigger, stores are understaffed, and the staff members who are working are usually temporary workers with inadequate experience. Also, stores are jam...Read More >>

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Ten of the most dangerous toys were recently called out by safety group W.A.T.C.H. in anticipation of the upcoming holiday season. According to W.A.T.C.H., parents and caregivers are encouraged to take extra precaution during the holidays, as many toys are defective and may cause personal injuries. The Most Dangerous Toys of 2016 Peppa Pig’s...Read More >>

The State of New Jersey filed a complaint against a South Jersey doctor, alleging professional misconduct and gross negligence. According to the State, the doctor indiscriminately prescribed a spray form of the highly addictive painkiller fentanyl to three patients, one of whom passed away as a result. The drug, Subsys, is designed for cancer...Read More >>

These days, more and more Americans have opted to do their holiday shopping online. Although online shopping means you will not have to fight traffic on the way to the mall or in busy parking lots, the gifts you buy online make their way to homes via truck delivery. The holidays now bring a...Read More >>

Medical error leads to more than 25,000 birth injuries every year. Some of these injuries are severe and permanent. Obstetricians are one of the most sued specialists named in malpractice suits. So, what can be done to reduce the birth injury statistics and make sure childbirth is the safest experience possible for mothers and...Read More >>

As Thanksgiving approaches, millions of Americans are setting out to visit friends and family away from home. According to the American Automobile Association (AAA), more than 40 million people are expected to take a trip of more than 50 miles over the Thanksgiving holiday. Road trips are the most popular form of holiday travel,...Read More >>

Recently, the office of the inspector general of the U.S. Department of Health and Human Services reviewed the records of 417 randomly selected Medicare patients who stayed in American rehab facilities in March of 2012. Researchers analyzed the results and issued a government report. The study found that one third of the patients suffered...Read More >>

The South Jersey personal injury lawyers at Folkman Law Offices, P.C. recently released a newsletter on Thanksgiving safety. Please click here to read the full article. For more information, call our offices at at 856-354-9444 or contact us online.Read More >>

This past August, a three-year-old boy fell out of a roller-coaster in Pennsylvania. It was the fourth such amusement park accident to occur within a week. Details about what caused the accident on the old-style wooden coaster are unclear. Other recent amusement park accidents left one-person fatally injured, another with a brain injury, and...Read More >>

WellSpan York Hospital recently announced that a heater-cooler device used during open-heart surgeries at its Pennsylvania facility may have led to the fatalities of six patients. In 2015, WellSpan identified eight patients who suffered a nontuberculous mycobacteria (NTM) infection after receiving open-heart surgery, and revealed that four of those eight did not survive. South...Read More >>

 A premature rupture of membranes (PROM) occurs when a woman’s water breaks more than one hour before the onset of labor. Although a woman’s “water breaking” is often the first indication that she is in labor, when doctors do not handle PROM correctly, it can lead to birth injuries. Sometimes, PROM is “prolonged,” meaning...Read More >>

You can almost smell fall in the air; crisp, cool breezes and pumpkin pie lattes means it’s almost time for Halloween.  This year, while you’re pondering what costume you’re going to wear or how many guests are coming to your costume party, it is also important to think about Halloween safety.  Following are some...Read More >>

As we become increasingly dependent on our smart phones, distracted driving is becoming a major threat on our roads. At the moment, 46 states have laws banning texting and driving, and fourteen make it a crime to use a handheld device while driving. However, the penalties vary from incurring points on one’s a license...Read More >>

The term medical malpractice refers to medical treatment that fails to meet the medical profession’s accepted standards of care and results in injury or death of a patient.  Medical malpractice lawsuits arise when a healthcare provider neglects to provide necessary treatment or makes an error that causes unnecessary harm to the patient.  The potential...Read More >>

Pharmacies often encourage customers who receive regular prescriptions to sign up for an automatic prescription refill service. The refill process is usually done prior to the existing prescription running out. One of the beneficial features of this service is the automatic computer generated phone calls that are made to a patient, reminding them that...Read More >>

The leading cause of death in children ages one to 12 years old in the United States is car crashes. Child safety seats are the best way to protect children in moving vehicles. However, if a child car seat is not properly installed in a car, it does not provide adequate protection. The rate...Read More >>

An estimated 200,000 pulmonary embolism (PE) deaths related to deep vein thrombosis (DVT) occur each year in the United States. For those at risk, the placement of an inferior vena cava (IVC) filter may be an effective solution to reducing DVT. A DVT is a potentially dangerous and even life threatening condition.  A deep...Read More >>

As a new parent, it can be very easy to feel overwhelmed by the sheer number of baby products available and the stories you read on the internet and see on the news about accidents involving them. Cherry Hill personal injury lawyers caution new parents to carefully read product reviews and keep abreast of...Read More >>

When undergoing a surgery or other medical procedure, you have the right to expect that mistakes which cause you injury will not be made. Patients trust their surgeons to have a level of skill and experience that enables them to perform their duties without error.  Sadly, however, mistakes do happen, and often these mistakes...Read More >>

Falls are the leading cause of injury and fatality for older adults. It is important to know that, even though a third of older adults falls each year, falls are preventable. The New Jersey Division on Aging Services provides information to help older New Jersey residents prevent slip and fall accidents. Here are some...Read More >>

Injuries that occur during childbirth are heartbreaking.  While many birth injuries do not cause permanent damage to newborns, some can have lasting effects.  Common birth injuries that may cause harm to infants include: Brachial Plexus Injuries (BPI): This injury affects nerves in the upper spine, neck, shoulder, and arm. Brachial plexus injuries range in...Read More >>

Assemblyman John Wisniewski, (D) Middlesex, has reintroduced a bill that that would impose fines of up to $800 on drivers who drive while distracted. The bill mirrors a similar bill in Maine, and does not ban any specific activity, such as eating or putting on make-up, but rather, authorizes police officers to issue tickets...Read More >>

Oral chemotherapy drugs have become a popular alternative to IV chemotherapy treatments for many cancer patients.  Oral antineoplastic agents can improve the quality of cancer patients’ lives; however, they are not without risk.  Medication errors can have severe and sometimes deadly consequences. Chemotherapy drugs are highly toxic.  The slightest mistake could cause significant harm...Read More >>

Folkman Law is proud to announce that five of our attorneys have been selected to SJ Magazine’s list of Top Attorneys 2016. Each year SJ Magazine recognizes South Jersey lawyers who demonstrate exemplary dedication and significant contributions to the practice of law. Top Attorneys are selected through peer nominations and grouped by practice areas....Read More >>

Theories of a link between talcum powder usage and ovarian cancer have reached a fevered pitch thanks to two recent multi-million dollar verdicts. In May of 2016, a Missouri jury awarded a 62-year-old ovarian cancer survivor $55 million in her case against Johnson & Johnson, the maker of Johnson’s Baby Powder and Shower to...Read More >>

A group of researchers now estimate that the average American is more likely to die from a medical mistake than a stroke or respiratory disease. According to a recent study conducted by physicians at Johns Hopkins University and published in The BMJ, medical mistakes rank as the third leading cause of fatality today. Only...Read More >>

The entertainment industry lost one of its most talented stars recently due to an overdose of the opioid fentanyl. Pop icon Prince was known for his drug-free lifestyle, so it is particularly tragic that he died from as overdose of the potent painkiller. Unfortunately, the opioid epidemic has become a widespread problem that affects...Read More >>

We are deeply saddened by the sudden passing of our friend and colleague, Stephen J. Busterna, Esquire, on Friday, July 15, 2016. A graduate of Ramapo High School in Franklin Lakes, New Jersey, Steve earned his undergraduate degree from Dickinson College, where he was active with the Sigma Alpha Epsilon Fraternity. He went on...Read More >>

Motorists assume obvious risks anytime they gas up the tank and hit the open road. Those same risks are substantially elevated during the summer months, however. According to AAA, the 100-day period between Memorial Day and Labor Day is the deadliest stretch of the calendar year on American roadways. To understand this spike in...Read More >>

Nursing homes and assisted living facilities are in business to take care of elderly or disabled individuals who can no longer take care of themselves at home. It is the responsibility of the facility to ensure that the needs of each resident are met, especially in terms of nourishment and hydration. There is much...Read More >>

Highway truck accidents can result in severe and sometimes fatal injuries. The massive size and weight of large trucks creates a devastating impact force in a collision, especially when vehicles are traveling at high speeds on highways. Although truck drivers are required to follow federal Hours of Services regulations, many attempt to clock more...Read More >>

The New Jersey Tort Claims Act (“NJTCA”), N.J.S.A. 59:1-1, et seq., provides that “parties suing public entities must comply with strict requirements for notifying and suing those entities.” Feinberg v. N.J. Dep’t of Envtl. Prot., 137 N.J. 126, 134 (1994). The NJTCA bars suit against a government agency or employee unless the claimant presents...Read More >>

Like many American workers, healthcare employees often take time off in the summer. However, summer vacations may leave hospitals understaffed. During certain times of the year and even certain times of the day, a hospital is more likely to be missing some of its most skilled staff members. Since shifts are often determined by...Read More >>

The Fourth of July is right around the corner, and Americans across the country will be celebrating the holiday with fireworks; however, the National Safety Council is encouraging people to watch professional fireworks displays and refrain from setting off their own fireworks at home. According to a study conducted by the Consumer Product Safety...Read More >>

New Jersey residents may be aware that there is currently no way for doctors to find out if a living patient suffers from the recently discovered neurological disease chronic traumatic...Read More >>

Residents of New Jersey and the Greater Philadelphia area who are in the market for a new car may want to be aware that some automakers are selling brand-new vehicles...Read More >>

New Jersey residents may know that many people die each year because of long organ transplant waiting lists, but they may be shocked to learn that physicians have sometimes been...Read More >>

CHERRY HILL, NJ -- 27 May 2016 -- The man who served three years in prison and was later deported for having sexual relations with a minor -- who was...Read More >>

Residents of New Jersey often take pride in having a family pet, and this pet is often a dog. Dogs make great companion animals, but if they are not socialized,...Read More >>

People in New Jersey and throughout the country are at risk of medical errors once they are discharged from the hospital. From the wrong medications to incomplete or inaccurate discharge...Read More >>

New Jersey pro football fans likely remember star San Diego Chargers linebacker Junior Seau. In May 2012, he died at the age of 43 after shooting himself in the chest....Read More >>

Tens of thousands of New Jersey citizens join health clubs or gyms to stay healthy. The Centers for Disease Control and Prevention recommend that adults get at least 150 minutes...Read More >>

The Food and Drug Administration has issued two guidance documents with the goal of reducing medication errors. These types of mistakes are a leading cause of fatalities in the U.S.,...Read More >>

Generally, parties in civil litigation must bear the cost of their own attorneys' fees. This practice is known as the "American Rule" (as opposed to the "English Rule," which allows...Read More >>

When New Jersey residents are ill or injured, they often go to hospitals with the expectation their conditions will improve with treatment. Unfortunately, some patients are injured more severely while...Read More >>

Road users in New Jersey and around the country will likely be happy to learn about pending federal regulations that would limit how fast commercial vehicles can be driven and...Read More >>

Like most other states, New Jersey prohibits texting on a cellphone while driving. The rationale behind these laws is that such behavior takes a driver's eyes and thoughts away from...Read More >>

New Jersey residents might be surprised to learn that there is no objective, agreed-upon diagnosis for a concussion. However, a new device that uses eye tracking to measure a person's...Read More >>

Hospitalists are a fairly new addition to a hospital's workforce, and most go through residency training in internal medicine or family medicine. These individuals act as a primary care physician...Read More >>

On March 16, 2016, Judge McNulty of the District Court for the District of New Jersey denied a motion to dismiss fraud claims asserted against U.S. Gas & Electric, Inc....Read More >>

A group of 10 automakers has announced an agreement that could reduce car crashes in New Jersey and across the United States by up to 20 percent. The deal, which...Read More >>

On March 14, 2016, Administrative Law Judge Susan A. Flynn found that Chipotle's social media policy violated Section 8(a)(1) of the National Labor Relations Act ("NLRA") while ruling in favor...Read More >>

Southern New Jersey residents may be shocked to learn that research conducted at several hospitals has discovered that errors occur more often than not when medications are delivered intravenously. The...Read More >>

Folkman Law is proud to announce that Paul C. Jensen, Jr., Esquire will be speaking at the 2016 Boardwalk Seminar at Harrah's Resort Atlantic City. This seminar is held annually...Read More >>

Folkman Law is proud to announce that Benjamin Folkman, Esquire will be speaking at the 2016 Boardwalk Seminar at Harrah's Resort Atlantic City. This seminar is held annually by the...Read More >>

New Jersey parents may be interested in learning that, according to a U.S. study, they are the ones who can often catch any medical errors that the doctor may miss....Read More >>

February 2016 marked the first time in many years that the U.S. National Highway Traffic Safety Administration announced the previous year's traffic death rate had risen instead of fallen. According...Read More >>

First enacted in 1995 by the New Jersey Legislature, the Affidavit of Merit Statute (the "AOM Statute") imposes a special requirement upon plaintiffs bringing lawsuits claiming malpractice or negligence by...Read More >>

Many New Jersey residents either received or gave hoverboards as gifts during the holidays. Now, the U.S. government is warning that hoverboards present an unreasonable risk of fires resulting in...Read More >>

New Jersey residents who are anxious to see self-driving cars on their roads may be a little closer following a Feb. 4 letter to Google from the National Highway Traffic...Read More >>

The majority of states now have laws prohibiting texting while driving. It took time and considerable effort to pass these laws, despite plenty of evidence showing the dangers of distracted...Read More >>

Many hospital patients in New Jersey are injured and killed by preventable medical errors. In fact, studies have shown that preventable medical errors in hospitals are one of the leading...Read More >>

Since the 1976 decision of Yanhko v. Fane, 70 N.J. 528, 532 (1976), it has been New Jersey law that residential landowners are "not liable for the condition of a...Read More >>

This Blog has previously discussed the impact of Prioleau v. Kentucky Fried Chicken, Inc., 223 N.J. 245 (2015) on slip-and-fall plaintiffs in New Jersey. A recent federal case out of...Read More >>

As we've previously discussed on this Blog, while businsses owe their patrons a duty of reasonable care to provide a safe environment, this protection was eroded by the New Jersey...Read More >>

    The United States Supreme Court tackled two distinct issues in its January 20, 2016 opinion delivered by Justice Ginsburg in Campbell-Ewald Company v. Jose Gomez, 577 U.S. ___ (2016): (1) whether...Read More >>

In the New Jersey (Camden County) and greater Philadelphia area, hospital emergency rooms daily receive patients who are suffering from any number of urgent medical situations. Doctors and other staff...Read More >>

No matter how cautious a motorist may be when navigating New Jersey roadways, it is impossible to predict where and when every collision will occur. Car accidents continue to interrupt...Read More >>

New Jersey is among the majority states that have banned texting while driving, and one of just 14 states to also ban the use of handheld cellphones behind the wheel....Read More >>

Most parents do everything they can to protect their children. They use car seats, cut their child’s food into small pieces so they won’t choke and attend to them closely...Read More >>

Effective September 2000, the New Jersey Courts instituted "Best Practices," a program designed to improve the efficiency and expedition of the civil litigation process in the state. One of the...Read More >>

The New Jersey Affidavit of Merit Statute (the "AOM Statute"), N.J.S.A. 2A:53A-26 to -29, requires a plaintiff in a professional negligence action to file an affidavit from an "appropriate licensed...Read More >>

New Jersey parents, like others throughout the nation, find joy in giving their children new toys for Christmas. Each year, retailers and manufacturers advertise their latest wares, tempting parents to...Read More >>

During the holiday season, most families are focused on preparations for celebrations and gathering with friends and family. However, some still find it necessary to receive medical care because of...Read More >>

On December 21, 2015, in an unpublished opinion, the New Jersey Appellate Division reiterated that New Jersey courts lack jurisdiction to entertain tort claims against public entities if the required...Read More >>

For many individuals in the United States driving is a part of everyday life. A large number of people for whom this is true may be part of the Baby...Read More >>

During the holidays, many people get together with their loved ones and celebrate with a home-cooked meal and some drinks. It’s not uncommon to hear someone toast to a happy...Read More >>

Paul C. Jensen, Jr., Esquire was quoted in the New Jersey Law Journal. The article, "Lawyers Divided on Impact of Mode-of-Operation Ruling" by Michael Booth examines the impact of the New...Read More >>

On December 8, 2015, in an unpublished decision, the New Jersey Appellate Division reversed a jury verdict of no cause in a motor vehicle accident case, holding that the trial...Read More >>

In our last post we wrote about the number of people who are hurt each year as a result of dog bites. We indicated this happens a lot in the...Read More >>

Five Folkman Law attorneys were named as "Awesome Attorneys" in the December 2015 issue of South Jersey Magazine. Thousands of reader votes were cast to arrive at 152 lawyers in...Read More >>

On November 4, 2015, in an unpublished decision, the New Jersey Appellate Division upheld a trial court's dismissal of a motorcylist's lawsuit against a municipality. In Bunero v. City of...Read More >>

Pets play an important role in the lives of many who reside in New Jersey. While there are many different types of animals that people keep, dogs are one of...Read More >>

    On November 18, 2015, the Third Circuit held that companies contracting with employment agencies can be held liable for discrimination towards temporary workers. This recent case overturned in part...Read More >>

Following a serious injury most individuals in the state of Pennsylvania seek medical assistance at a hospital. The assumption they have when they go there is that the care they...Read More >>

On November 19, 2015, in an unpublished decision, the New Jersey Appellate Division held that a jury cannot draw a negative inference from defendant's failure to call an expert. In...Read More >>

In a recently published decision, Goodall-Gaillard v. N.J. Department of Corrections, Docket No. 14-3348 (3d Cir. Aug. 25, 2015), the plaintiff, a corrections officer with the New Jersey Department of...Read More >>

Brain injuries are a problem for people of all ages throughout the nation. The impact an injury of this nature can have on the person who suffers a concussion or...Read More >>

    The New Jersey Supreme Court reaffirmed the 'faithless servant' doctrine on September 22, 2015 in Kaye v. Rosefielde, 223 N.J. 218 (2015). The faithless servant doctrine refers to the...Read More >>

In DiMatteo v. East Brunswick, Docket No. A-0987-14T3 (N.J. Sup. Ct. App. Div. Nov. 10, 2015), the Plaintiff went to East Brunswick's Dideriksen Park to watch her daughter play soccer...Read More >>