Local New Jersey Legal News, Middlesex County Attorney Blog

When is a Medical Injury Considered Malpractice?

A 16-year-old New Jersey teen was recently awarded $17 million after suffering damage to her thalamus during a medical procedure. The incident occurred when the teen was seven years old. She was hospitalized with pneumonia so severe that one part of her lung was beyond the point of treating with antibiotics. Instead, her medical care providers decided to remove the diseased portion of the lung. After the removal, a pediatric pulmonologist allegedly failed to properly wean the teen off of her sedation, which she had been on for 10 days. After her ventilator was removed, the teen stopped breathing, unnoticed by the doctors. By the time doctors acted, the teenā€™s heart had stopped. During a 35-minute period of unconsciousness, the teen suffered damage to her thalamus. That damage continues to affect her every day. She struggles to do most normal routine tasks; for example, when sworn in to testify against…
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What Do I Do If I a Guardrail Fails and I Am Injured?

One young boy was killed and another was injured after they fell from a balcony in Perth Amboy early this month. The accident occurred just after 5 p.m. According to investigators, the two friends, one 9-year-old and a 13-year-old, were playing on the balcony while adults visited inside the home. And then, for an unknown reason, the balcony railing gave way. Both boys fell and suffered serious injuries. At the hospital, the 9-year-old died. What could have been done? Was this a tragic accident, or could the breaking of the guardrail have been a foreseeable risk? Explaining Premises Liability Laws in New Jersey Broken railings on balconies, staircases and other areas can lead to fall-related catastrophic or even fatal injuries. Sometimes, these accidents are simply that, but in other cases, victims may be able to file a lawsuit against the owner of the guardrail. For a property owner to be…
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NJ Transit to Test Positive Train Control (PTC) Safety Device

New Jersey Transit recently received approval to begin testing positive train control (PTC) on one of its train lines. PTC is a system that automatically slows or stops trains to prevent them from speeding or running past stop signals. It is designed to stop train-to-train collisions, derailments, train movements through misaligned switches and unauthorized train entry into work zones. It does this through the use of GPS, wireless radio and computers. NJ Transit is required to implement PTC by the end of 2018, though whether it will meet the deadline is unknown. According to the National Transportation Safety Board (NTSB), PTC could have prevented several fatal train accidents, including a Metro-North derailment in 2013 and an Amtrak derailment in 2015. The organization is still investigating whether PTC could have prevented the devastating Hoboken train crash in September 2016, which killed one person and injured 114. According to the Federal Railroad…
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