Who Can Appeal Medical Malpractice Cases?
Atlantic City Attorneys Can Advise You on Your Right to an Appeal
The medical malpractice attorneys at the Atlantic City law firm of Donald G. Targan & Associates handle medical malpractice claims from intake to trial and on appeal. Medical malpractice law often involves complex and novel legal issues. When necessary, we will fight to appeal medical malpractice cases on behalf of our clients at the Appellate Division and in the New Jersey Supreme Court.
Our work has benefited our clients and has also helped shape the law in New Jersey to protect others from, and the legal rights of patients harmed by medical negligence.
Improving the Law in New Jersey by Appealing Medical Malpractice Cases
For example, in 2010, the New Jersey Supreme Court issued a major decision on behalf of our clients that has helped keep the courthouse open to individuals harmed by medical negligence. The case involved a medical malpractice claim against a gastroenterologist, who performed a “routine” colonoscopy on our client, which resulted in a torn bowel that required emergency surgery. A large area of the bowel had to be removed due to the damage.
The Supreme Court recognized that doctors in certain specialties, including gastroenterologists, may not be willing to testify against one another in medical malpractice claims. Therefore, the Supreme Court held that our expert, who was not a gastroenterologist but a board certified surgeon with vast experience in performing colonoscopies as well as surgically repairing bowels, could testify against the gastroenterologist. The decision in this case allows patients to pursue meritorious malpractice claims, despite the reluctance, or silence, of doctors within a certain specialty.
Our Work Appealing a Wrongful Death Medical Malpractice Case for Delayed Diagnosis
Another Supreme Court decision in favor of our clients involved delayed diagnosis of cancer in a medical malpractice and wrongful death case. In that case, the Supreme Court upheld the jury verdict on behalf of our client, a doctor’s wife, whose stomach cancer went undiagnosed, despite repeated tests that clearly showed the problem. Ultimately, our client and her husband went to a doctor in Philadelphia with those same test results, and our client was immediately diagnosed and treated for the stomach cancer.
Unfortunately, the long delay in diagnosis of the cancer cost our client a greater chance of survival or cure. Our client passed away before the trial, and her son continued the case in her memory. The jury decided the case in her favor; however, the defense attorneys convinced the trial court to vacate the jury verdict due to the size of the jury verdict and other issues. On appeal, the New Jersey Supreme Court found in favor of our client, upholding the jury’s verdict in its entirety.
Successful Appeal of Medical Malpractice Case Involving Surgical Errors
The Appellate Division upheld the full jury verdict in favor of our client in another medical malpractice and wrongful death action. In that case, a surgeon removed the wrong side of our client’s large intestine. When the problem was recognized afterward, the surgeon had to take out the other portion of our client’s large intestine. Our client died a few days later, because he was unable to withstand the shock from two major abdominal surgeries.
On appeal, the defendants argued that the jury’s verdict should be reduced. However, the Appellate Division upheld the full amount of the jury verdict in favor of our deceased client and his family. The Appellate Division rejected the argument that our client’s death was a “risk of procedure.” This decision was published and can now be used along with the medical malpractice laws of New Jersey to assist others harmed by medical negligence and surgical errors.
Contact Our Experienced Attorneys to Find Out More about How to Appeal a Medical Malpractice Case
The cases above are just a few examples of how committed the medical malpractice attorneys at Donald G. Targan & Associates are to seeking justice for our clients harmed by medical malpractice. Our Atlantic City and Cape May offices welcome new clients from both Middle Township and Lower Township. If you or a loved one has suffered injury because of a healthcare professional’s negligence and live in Whitesboro, Erma or the surrounding areas, contact our New Jersey medical malpractice lawyers today for a free consultation.