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New Jersey Medical Malpractice Law Blog

Sunday, February 12, 2017

Prescription Errors Continue to Injure Patients Nationwide


How do medication errors occur in hospitals, doctor’s offices, and pharmacies?

Prescription medications are administered to help us feel better and even to save our lives, but medication errors can inflict serious injuries or even death.  According to the Food and Drug Administration (FDA), medication errors result in thousands of deaths annually, along with thousands of injuries.  The true incidence of medication errors is hard to determine, with scholarly reports estimating that somewhere between two and 514 per 1,000 prescriptions involve errors.


Read more . . .


Tuesday, January 31, 2017

What are the leading causes of traumatic brain injury?


Traumatic brain injury is a leading cause of death in the U.S., accounting for about 30% of deaths each year. Those who do survive traumatic brain injuries may live with moderate to severe disabilities for the remainder of their lives. The impacts from traumatic brain injury can extend far beyond the victim, affected family and friends as well.


Read more . . .


Tuesday, January 17, 2017

New Jersey Transit Lagging on Positive Train Control


What has been done to make trains more safe in New Jersey?

Last fall a commuter train that was approaching the Hoboken Terminal crashed into barriers at the end of the tracks, injuring 100 passengers. Another person who was waiting on the platform was killed when part of the ceiling collapsed. Just before the crash, the train accelerated and it was subsequently reported that the engineer, who had been diagnosed with sleep apnea, had fallen asleep.

At the time of this tragic accident, questions were raised as to why the commuter train did not have safety technology known as positive train control, and whether this technology could have prevented the crash.

What is Positive Train Control?

Positive Train Control or PTC is a system of sensors that are embedded along stretches of track that is designed to monitor train speeds.


Read more . . .


Tuesday, December 27, 2016

Man crushed to death in compactor at N.J. salvage yard


What remedies might the decedents estate have against the employer?

Workplace accidents take the lives of close to 100 New Jersey residents each year and injure far more. If you know someone who has been injured or killed in a workplace accident, you know first hand the devastation these accidents cause. 

A 22-year old Freehold resident was crushed to death at a salvage yard in East Brunswick.  The victim, Alvaro Esteban, was an employee of a company called Universal Processing, LLC. The company does business at Atlantic Sales & Salvage where Esteban died.
Read more . . .


Tuesday, December 13, 2016

First Cellphones, Now Washing Machines—Samsung Faces New Class Action Lawsuit


What legal actions can consumers take when products prove defective and dangerous?

Consumers reeling from the possibility that their new Samsung phone might explode in their pockets now have a new concern—that the top of their Samsung washing machine might fly off.

Massive Recall of Washing Machines Sold in the United States

The U.S. Consumer Product Safety Commission has announced that the company will be recalling 2.8 machines, covering 34 different models sold since 2011.


Read more . . .


Monday, November 28, 2016

Teen Hit by NJ Transit Train in Bloomfield


Is a property owner responsible for injuries sustained by trespassers?

Being struck by a moving train is an event that usually ends in death. On rare occasions someone survives this catastrophe. On those occasions, is the railroad responsible for that person’s injuries? That depends on the person’s status. If the person was a trespasser, the railroad may be off the hook. A recent case coming out of Essex County, New Jersey, will be subject to this analysis.


Read more . . .


Monday, November 14, 2016

Judge’s Comment to Jurors Leads to New Trial for Personal Injury Plaintiff


When are a judge's ex parte remarks to a jury so prejudicial that the plaintiff or defendant must be granted a new trial?

Jury trials can be risky for both plaintiffs and defendants, filled with unexpected pitfalls. They can also be treacherous terrain for the judge. In a recent New Jersey personal injury lawsuit, a trial judge's offhand remark to a deadlocked jury was considered so serious an error that the appellate division threw out the unanimous verdict and ordered a new trial.

A Motor Vehicle Accident Case Leaves a Jury Divided

The lawsuit involved a motor vehicle accident in which the plaintiff's van was struck from behind.


Read more . . .


Monday, October 31, 2016

Taking the Bus? You Are Taking Your Life In Your Hands


For many people taking public transportation is part of their daily routine. They wake up, get ready and hop on New Jersey Transit. If you are planning to take a bus, or any other form of public transportation, you should know that you are not one hundred percent safe. Just like driving a car, being a passenger on a bus or a


Read more . . .


Tuesday, October 18, 2016

Construction Worker Sues Samsung for Burn Injuries From Exploding Phone


What legal causes of action do have when filing a lawsuit against a corporation whose defective product caused you serious personal injury?

The problems with Samsung's exploding cellphone, the Galaxy Note 7 are now well known. All 2.5 million of the combustible phones shipped have been recalled, and the first lawsuits have already been filed.

But in New Jersey, litigation has just begun over a different phone, a Galaxy S7 Edge, not recalled, that caused grievous injuries to its owner. The


Read more . . .


Wednesday, September 28, 2016

What To Do When You Are Injured


What steps should I take after I am injured in an accident?

If you are injured in an accident, in addition to your pain and suffering, you may be left dazed and confused and not know what to do. Regardless of how badly your were injured, it may be necessary to take legal action in order to obtain compensation. For this reason, there are important steps to take n the days, weeks and months after your injury to support your claim.

Get Medical Care

Whether you were injured in a car accident, a slip/trip and fall or suffered any other trauma, the first thing to do is seek medical treatment from an experienced medical professional. The doctor or hospital will not only provide you with needed care, but also note the condition of your injury for their records, and this will be important evidence of your claim.


Read more . . .


Monday, September 26, 2016

New Jersey High Court Lets Paralyzed Plaintiff Sue, Despite Signed Waiver


Does a signed waiver of liability bar a victim from filing a lawsuit for gross negligence?

Whether you are having surgery, joining a gym, or boarding an amusement park ride, it is not uncommon to sign a waiver of legal liability. A New Jersey man signed one in 2010 before taking a ride at a New Jersey waterpark that resulted in his partial paralysis. Now, six years later, the New Jersey Supreme Court has ruled that his lawsuit for gross negligence can go forward.

After Signing a Waiver, the Plaintiff Is Injured on a Water Park Ride

The plaintiff in the case was trying a ride that simulated surfing at a waterpark in West Berlin, New Jersey.


Read more . . .


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The attorneys at Nagel Rice, LLP represent clients in Essex County, Newark, Paterson and throughout the state of New Jersey in a wide range of matters including personal injury, automobile accidents, brain injuries, medical malpractice, business litigation and class action cases.



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| Phone: 973-618-0400
New York Office: 230 Park Avenue, Suite 1000 , New York, NY 10169
| Phone: 212-551-1465

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