Erga v. Chalmers- Docket No. A-2632-12T4 – unpublished – Jury Selection/Voir Dire – decided July 16, 2014
This matter arises out of an auto accident trial, wherein the plaintiff sought reversal of a no-cause verdict after the Trial Court failed to ask Question Six from a set of sample jury questions set forth by the Administrative Office of the Courts in Directive #4-07.
During jury selection the court informed counsel that it intended to ask Question Six in the reverse. Plaintiff’s counsel requested Question Six be read as it appeared in Directive #4-07, explaining that asking the question in the negative would not allow full and frank responses from potential jurors. Even though the defendant did not object to having Question Six read from Directive #4-07, the Court insisted on reading the question in reverse, claiming it would save the Court time during jury selection. Read the rest »
Workers at a New Jersey factory were mixing hydrogen and oxygen to create polyurethane foam when an explosion occurred resulting in four of them being injured. According to The Associated Press, the blaze broke out at the Crest Foam Industries building on Carol Place in Moonachie. Firefighters were able to control the blaze and put it out within an hour and a half. Of the 17 employees in the building at the time of the explosion, four suffered head injuries. They were taken to a nearby hospital for treatment of concussions. It is unclear what caused the explosion or what steps will be taken to prevent this type of incident from occurring in the future.
According to the U.S. Bureau of Labor Statistics, there were 4,628 fatal occupational injuries in 2012. Of those work-related deaths, three percent resulted from fires and explosions. Of the 353 total workers killed in multiple-fatality incidents, five percent resulted from fires and explosions. Read the rest »
October is Breast Cancer Awareness month. Other than skin cancer, breast cancer is the most common cancer among women. It is important to perform cancer screenings including self-examination, manual examinations performed by your healthcare providers, and, at a certain age or if your family history warrants it, to get an annual mammogram. It is also important that your healthcare providers adequately consult with you and provide you with information about your options if there are abnormalities or suspicious findings in your test results, or if you or they feel a lump or notice any breast abnormality during examinations.
Early detection is key to surviving breast cancer, making breast cancer misdiagnosis potentially life threatening. Victims of failed diagnosis or misdiagnosis often continue for prolonged periods without receiving the treatment they require. That delay in receiving treatment allows the disease process to continue and worsens a patient’s prognosis or chances of survival. Read the rest »
A trench cave-in at a New Jersey construction site resulted in the death of two workers. According to a CBS news report, the fatal construction accident occurred during the excavation of a drainage pipe at a Boonton, New Jersey home on Rockaway Valley Road.
Officials stated one of the workers was inside a trench when one of the walls caved in. The second worker attempted to save the first but both were buried in approximately 10 feet of dirt. A third worker is recovering at a nearby hospital. It is unclear what caused the cave-in. Read the rest »
Though surgical procedures inherently entail some risk of injury, many injuries happen as a result of substandard care and poor surgical technique. If a surgeon or the surgical team (nurses, anesthesiologists etc.) deviate from accepted standards of care, it may constitute medical negligence or medical malpractice.
Medical malpractice is when a healthcare provider fails to provide a reasonable/acceptable level of care, and those shortcomings result in an injury to the patient.
There are many issues which can result in surgical error including but not limited to failures to be adequately cognizant of medical history and condition, deficiencies in securing proper equipment for procedures, lack of a surgeon’s or surgical team’s experience and skill or training, lack of communication between healthcare providers both intraoperatively and preoperatively and, actual surgical errors resulting in direct trauma or injury to the patient in the performance of the surgical procedure. Read the rest »
A steel girder weighing 2,600 pounds fell from its rigging onto a Jersey City, New Jersey construction worker. According to the Hanover Eagle, the accident happened on a construction site at the Melanie Lane Bridge reconstruction in East Hanover Township, New Jersey. An official with the East Hanover Police reported that the girder came loose while it was being held or hoisted by the “arm” containing a vibrating hammer attached to a backhoe. The girder fell and landed on the worker, resulting in serious hip injuries. The 33-year-old worker was transported to Morristown Medical Center.
Working with large steel girders is extremely dangerous. Iron and steel workers may be responsible for moving, lifting, connecting and/or placing girders of such a great weight that significant injuries, including crush injuries, may be sustained if the heavy steel beams are negligently mishandled. Even when girders are placed properly, workers are still at risk of suffering severe burns, lacerations and falling injuries as they work from significantly high elevations while welding the beams together or otherwise affixing them to the structure. Read the rest »
Awareness campaigns for breast and lung cancer are quite visible, both on TV and in print media. In comparison, kidney cancer is not addressed in as “high profile” a manner. However, kidney cancer does affect up to 70,000 Americans and their families each year. Like breast, lung and many other cancers, kidney cancer can prove fatal if it is not detected and treated in a timely manner. According to the Director of the Comprehensive Kidney Cancer Program at the Mount Sinai Health System, the cure rate for kidney cancer is at least 90 percent when there is early detection and treatment.
In a recent interview, the Director at Mount Sinai stated that there are two main types of kidney masses — solid growths and cysts. The majority of cysts are not cancerous, but approximately 85 percent of solid growths are cancerous. Therefore, it is important to timely perform further testing if a kidney mass is detected; to determine if it is solid or may have solid components. Read the rest »
A plaintiff in a New Jersey medical malpractice case will now be given an opportunity to find a new expert to testify in her case. According to a report in the New Jersey Law Journal, an appellate court ruled that the trial court judge erred when he dismissed the case “midstream” after the New Jersey Supreme Court had changed the rules on qualifications for expert witnesses. The appeals court ruled that the plaintiff should have had the opportunity to seek and obtain a new expert.
The plaintiff in this case had suffered neck injuries in a January 2006 auto accident and underwent spinal surgery in June of that year. She was sent home the same day the procedure was performed, but she soon started to have respiratory issues and experienced severe neck swelling. Read the rest »
When patients seek out medical help, they trust that their doctors will take the necessary steps to determine the cause of their symptoms. That treatment by healthcare providers should be within the “standard of care.” When a doctor or other healthcare provider fails to order, or ignores/misinterprets the results of a test to diagnose something as serious as pancreatic cancer, it can lead to incorrect or delayed treatment. Failures such as this can make a significant difference in a patient’s prognosis. Failing to diagnose pancreatic cancer in a timely fashion can lead to fewer treatment options and a worsened prognosis (chance of survival).
Early diagnosis and treatment of pancreatic cancer are critical for survival.
Some of the symptoms healthcare providers can look for include but are not limited to: Read the rest »
The birth of a child is one of the happiest occasions in one’s life. In a majority of cases, births occur without complications or adverse incidents. However, there are a number of cases where avoidable complications and problems arise as a result of medical negligence during the labor or delivery process. Such shortcomings in care could result in severe long-term health complications and/or permanent injury for the child. There are a number of potential injuries children may suffer due to medical negligence of healthcare providers during the birthing process. Here are some types of birth injuries which can be due to medical negligence:
- Bone fractures: For example, the clavicle, commonly known as the collarbone, can fracture if too much traction or pressure is exerted upon it during delivery. Read the rest »