Weiss & Paarz P.C.

Types of Cerebral Palsy

2010-08-29T18:21:00.000-04:00

Cerebral palsy is an umbrella term for a medical condition caused by an injury at birth. Not every child suffering from cerebral palsy will have the exact same conditions because it can affect different parts of the brain and the body.

Types of Cerebral Palsy

The most common type of cerebral palsy is spastic cerebral palsy, characterized by rigid and jerky muscle. This can be further broken down into:

Spastic diplegia – tight leg and hip muscles, legs crossed at the knee, making walking difficult
Spastic hemiplegia – one side of the body is stiff. Affected side may not develop normally and arms or hands may be more affected than legs
Spastic quadriplegia – legs, arms and body are all affected, and it may be difficult for the child to walk and speak. The child may suffer seizures and mental retardation is common

Other forms of cerebral palsy include:

Athetoid dyskinetic cerebral palsy – normal intelligence, but body affected by muscle problems. The child may drool due to not being able to control facial muscles
Ataxic cerebral palsy – Problems with fine motor skills, balance, and coordination, as well as intention tremors, or shaking that begins with voluntary movement
Erb's palsy – A brachial plexus injury that occurs when the infant’s shoulder is stuck beneath the mother’s pelvis during birth. Characterized by paralysis in the shoulder, arm, or hand. May be reversible depending on the severity
Hypotonic cerebral palsy – control problems when child is still an infant. Infant may have trouble keeping their head up and may not be able to control it when they are sitting up. Motor skill development may be delayed

If you suspect your child’s cerebral palsy is the result of medical negligence, please contact the experienced New Jersey cerebral palsy lawyers at Weiss & Paarz P.C. today. We also serve the Philadelphia area.

Risk Factors for Shoulder Dystocia

2010-08-28T18:19:00.000-04:00

Brachial plexus injuries can cause shoulder, arm, and hand paralysis that may be life-long problems for the victims. Almost every shoulder dystocia injury, that is when the infant's shoulder is trapped beneath the mother's pubic bone during birth, is preventable. There are several ways in which doctors and nurses in the delivery room can safely deliver the baby without injury when the shoulder is stuck.

However, there are certain risk factors that make shoulder dystocia more likely to occur. Your doctor should be aware of the risks prior to the birth of your child. These risks include:

Above-normal weight gain during pregnancy
Abnormally long gestation period
Advanced age of mother
Breech position
High pre-birth weight of baby
Maternal diabetes
Maternal obesity
Pelvis that is small, flat, or contracted

Even if you are not at a higher risk of delivering a baby who is a victim of shoulder dystocia, your doctor should still be ready for the possibility of problems occurring during birth that may cause this.

If your doctor suspects your child may be at risk of shoulder dystocia, they are required to discuss a cesarean section birth.

If your child was born with shoulder dystocia, you may be entitled to compensation. If you are in the Philadelphia area or the state of New Jersey, please contact the experienced birth injury attorneys at Weiss & Paarz P.C. today.

How Birth Injuries Occur

2010-08-26T18:17:00.000-04:00

When a birth that was expected to go as planned suddenly turns into a nightmare for expectant parents and their families and friends, the biggest questions may be why did this happen and how did this happen? When there is a birth injury, the why and the how may be linked.

A birth injury can cause life-long disabilities or death. There are many reasons this can happen, and most of them are linked to the negligence of doctors and nurses tasked with keeping mothers safe. Some of the most common ways a birth injury occurs include:

Failure to monitor the fetus and respond to fetal distress in a timely manner
Failure to perform a cesarean section in a timely manner
Failure to provide oxygen to infants when needed
Miscalculation of the size of the fetus
Premature or postmature delivery due to improper dating
Improper use of delivery instruments
Abnormal presentation leading to shoulder dystocia
Rh incompatibility
Infections or medical problems of mother
Infections or medical problems of fetus

Even a seemingly minor complication can lead to bigger complications in a matter of minutes. When it is discovered that these complications could have, and should have, been prevented, you may be able to file a lawsuit to receive compensation to cover future medical bills, pain and suffering and more.

If you are in the Philadelphia area, and would like to learn more about birth injuries or have had a child who suffered a preventable birth injury, please contact the experienced malpractice attorneys at Weiss & Paarz P.C. for an initial case consultation.

Birth Injury Resources

2010-08-25T18:15:00.000-04:00

Many families whose children are the victims of birth injury may not know where to turn or who to speak with. However, there are several organizations that help families nationwide, as well as in the Philadelphia area.

Some of these organizations include:

Birthinjury.org – This organization offers support for families whose children are affected by cerebral palsy and brachial plexus injuries.
The National Institute of Neurological Disorders and Strokes – the NINDS is part of federal National Institute of Health. They provide wealth of information, as well as names of other different organizations you may turn to.
4MyChild – This organization focuses on victims of cerebral palsy and provides information on this birth injury, as well as discussions of benefits and care plans.
United Brachial Plexus Network, Inc. – Provides information and forums, as well as ways to get in contact with brachial plexus support groups.

Using one or all of these resources should help you form a network of support for you and your child. Remember that the federal and state government also offers many resources you can use to help.

If you have questions about birth injury resources, or would like us to help get you in contact with one, please contact the experienced malpractice attorneys at Weiss & Paarz P.C. We serve the New Jersey and Philadelphia area.

Brain Injury Related to Birth Injury

2010-08-24T18:13:00.000-04:00

Sometimes when a mother is in labor, complications arise that can cause serious problems. Most of the time the doctors and nurses are able to get things under control and the birth continues in a normal fashion. The baby is born fine and everybody’s happy. However, there can be certain complications that arise during birth that are not easily fixed. When a birth injury occurs, sometimes the brain is injured causing family pain and suffering that will last a lifetime.

Common Brain Injuries During Birth

The most common reason brain injuries occur during birth is low oxygen. When a baby's oxygen levels are low, they will show signs of distress. These signs should be noticeable to doctors and nurses and they should be able to get the baby out as soon as possible, by cesarean if necessary. Waiting too long to remove the baby or neglecting to see the signs, such as low heart rate, can result in cerebral palsy.

Another type of brain injury that can occur is called kernicterus. This occurs when a baby is born with jaundice (yellow skin and yellow eyes). Jaundice is caused by bilirubin in the blood and usually goes away on its own. Some babies may have problems getting rid of the bilirubin. This can be treated by doctors if they recognize it. If a baby with high levels of bilirubin is not treated, the bilirubin can get into the brain and cause damage.

Brain injuries during birth are preventable most of the time. They are often the result of mistakes or negligence on the part of doctors and attending nurses.

If your child has been born with a brain injury related to a birth injury, please contact the experienced medical negligence attorneys at Weiss & Paarz P.C. for an initial case consultation. We serve the communities in and around Philadelphia, as well as the state of New Jersey.

Signs of Cerebral Palsy

2010-08-23T18:09:00.001-04:00

It is estimated that there are around 800,000 cases of cerebral palsy in the U.S. Cerebral palsy refers to a number of neurological disorders that cause serious problems for children before, during, or immediately after birth. These problems may become more pronounced as the child’s nervous system matures. The problems associated with cerebral palsy depend upon the severity of the brain damage.

Some of the most common signs and symptoms of cerebral palsy include:

Learning disabilities – some children may be affected by mental retardation
Impaired speech – the muscles of the tongue and mouth can be affected and children may not be able to speak normally
Hearing loss –partial hearing loss is not uncommon, but some children may not respond to sound at all
Skeletal deformities – if only one side of the child is affected, their limbs may be shortened on that side. This can lead to tilting of the pelvic bone or scoliosis and may require surgery
Seizures – around one-third of cerebral palsy victims have seizures. These may appear early or late in life
Limited motor skills or paralysis – muscles can be stiff or relaxed, limbs may be held in strange positions, or movement can be jerky and abrupt or slow
Trouble swallowing – victims of cerebral palsy may have trouble eating, drinking, sucking, and controlling saliva. Drooling may be a factor and aspirating is a concern due to suffocation

Your child’s chance for a fuller recovery increase the sooner cerebral palsy is detected. However, he or she may still need expensive physical therapy for the rest of their life.

If your child has cerebral palsy and you are in the New Jersey or Philadelphia metropolitan area, please contact the experienced malpractice attorneys at Weiss & Paarz P.C. for an initial case consultation.

Cauda Equina Syndrome

2010-05-10T13:07:00.002-04:00

Cauda Equina Syndrome (CES) occurs when there is damage or compression to the cauda equina, a bundle of nerves at the lower end of the spinal cord. This nerve compression can impair function in your lower body and result in permanent paralysis. The onset of symptoms of CES requires urgent medical attention because proper diagnosis and immediate treatment are imperative to reduce the chances of severe disability and/or death.

When CES is correctly diagnosed it can be treated effectively. Oftentimes, however, CES is not properly diagnosed in time, which is a serious medical mistake that can cause physical, emotional and financial suffering for the entirety of the victim's life. Families of the victim are affected as well because of the severe disability this syndrome causes.

Symptoms of Cauda Equina Syndrome

Patients who have Cauda Equina Syndrome may exhibit any or all of the following symptoms:

Loss or impairment of bowel and/or bladder function or control
Numbness or weakness in the pelvic area, buttocks, genitals, legs, or feet
Severe pain in the back, buttocks, pelvic area, legs or feet

If your loved one is complaining of these symptoms, it is crucial that you get him or her to an emergency room as soon as possible. You should even ask the treating physician if CES is a possible diagnosis, especially if he or she never even mentions it. If a physician does not order the tests to detect CES, then you may have a medical malpractice case.

Causes of Cauda Equina Syndrome

There are numerous causes to CES, some of which are listed below:

Inflammatory conditions
Infectious conditions
Tumors
Disc herniation
Spinal stenosis
Back fracture
Gun shot or stab wound

If you have suffered due to medical negligence or malpractice because a serious medical condition was not properly diagnosed in time, you may have a valid medical malpractice claim on your hands.

New Jersey and Philadelphia area medical malpractice attorneys Michael Weiss and Robert Paarz have dedicated their careers to medical malpractice only and have helped countless families receive the compensation to which they are entitled following a serious medical error.

If you live in New Jersey, Philadelphia or a surrounding area and feel your CES was not caught in time due to a doctor's negligence, please contact the experienced, compassionate and knowledgeable medical malpractice attorneys at Weiss & Paarz P.C. today to schedule a confidential, no-cost consultation.

Wrongful Death as a Result of Medical Malpractice

2009-09-20T10:43:00.000-04:00

There is perhaps nothing worse than losing a loved one due to someone else's negligence or wrongdoing. Just knowing that the death could have been avoided is often too much to bear. Many people are not aware of how many lives are lost each year due to medical mistakes. Medical malpractice and medical negligence statistics for the United States are astounding:

There are an estimated 12,000 deaths each year due to unnecessary surgery
There are an estimated 7,000 deaths each year due to medication errors
An estimated 80,000 people die each year due to infections they acquired while in the hospital
An estimated 20,000 people die each year due to other general medical mistakes

Some of the most common forms of medical malpractice are:

Surgical malpractice
Emergency room errors Misdiagnosis of cancer
Misdiagnoses of heart disease
Birth injuries

The New Jersey medical malpractice attorneys at Weiss & Paarz, P.C. have handled countless medical malpractice cases for residents in and around New Jersey, and we can help you, too. Medical malpractice cases are complicated, time-consuming, and difficult. We have the knowledge, experience, and diligence to get you the compensation you need and deserve following the loss of a loved one due to a medical mistake.

Please contact our New Jersey medical malpractice law office today to schedule your confidential, no-cost consultation today.

Brain Damage and Medical Misdiagnosis

2009-09-01T18:20:00.000-04:00

Medical misdiagnosis is one of the most common medical errors committed in this country every day that endangers the lives of thousands. The misdiagnosis of symptoms or the failure to diagnose a medical condition quickly and accurately can, and does mean the difference between life and death for thousands of Americans on a daily basis.

Statistics show that over 40% of medical malpractice claims result from a healthcare provider's failure to diagnose a condition or disease correctly. A misdiagnosis or failure to diagnose often results from improper diagnostic testing. The misreading or misunderstanding of the results of the tests or a total failure to even recognize the presenting symptoms also contribute to the possibility of a misdiagnosis.

Brain damage caused by a medical misdiagnosis is usually the result of an interruption of oxygen to the brain that goes undetected such as in a stroke, an infection, or birth injury.

You may be entitled to financial compensation for medical expenses, loss of current and future income, rehabilitation costs, pain and suffering and any other expenses incurred due to the failure to diagnose a medical condition resulting in brain damage.

Have your or someone you care about suffered brain damage or died as a result of a medical misdiagnosis? Please contact the expert medical malpractice attorneys Michael L. Weiss and Robert E. Paarz of Weiss & Paarz, P.C. who are ready to assist you in obtaining the financial compensation you deserve.

Brain Damage due to Stroke Misdiagnosis

2009-08-26T18:19:00.000-04:00

Stroke is the third leading cause of death in this country and a major cause of disability nationwide. A stroke occurs when a blood clot blocks an artery or a blood vessel ruptures, interrupting the blood flow to the brain, causing brain cells to die and brain damage to occur.
When brain cells die, activities controlled by that area of the brain are lost. These include speech, memory and motor skills. How a stroke affects you depends on where the stroke occurs in the brain and how much damage has occurred.

The failure to accurately diagnose a stroke is a form of medical malpractice that can have severe consequences. Once a stroke has occurred, timely treatment can stop progressive damage from happening, and in some cases, reverse the damage that has occurred to some extent. Undiagnosed or misdiagnosed stroke means a delay in treatment or no treatment and the resulting brain cell death can mean permanent brain injury or death.

If you or a loved one was the victim of a stroke misdiagnosis that resulted in brain damage or death, you may be entitled to financial compensation for long term care expenses, pain and suffering, loss of wages, medical bills and funeral and burial expenses.

Please contact New Jersey and metropolitan Philadelphia medical malpractice attorneys Michael L. Weiss and Robert E. Paarz of Weiss & Paarz, P.C. if you believe you or someone you care about was the victim of a misdiagnosed stroke.

Cancer Misdiagnosis as Medical Malpractice

2009-08-04T18:17:00.000-04:00

Early detection is the best defense against a diagnosis of cancer. Early detection increases your chances of survival because of the reality you will respond better to treatment if the cancer is discovered in its' early stages.

A misdiagnosis or delayed diagnosis in the detection of cancer can mean a death sentence. Cancer can be misdiagnosed by a failure to obtain an accurate history of the illness from the patient, a failure to perform a thorough examination, a failure to recognize actual symptoms or a failure to perform the necessary diagnostic testing to confirm or rule out a certain disease.

A failed, delayed or missed diagnosis can result in severe physical pain and suffering, long term or permanent disability, disfigurement and even premature death. A cancer misdiagnosis creates a financial hardship for those left to deal with the consequences and the responsible individuals should be made to share that hardship. Delayed treatment means lost income, additional healthcare expenses and in some cases, funeral and burial costs.

You may be entitled to financial compensation if you or a loved one was the victim of a failed, delayed or misdiagnosis of cancer. Please contact the highly skilled medical malpractice attorneys, Michael L. Weiss and Robert E. Paarz of Weiss & Paarz, P.C. today to schedule a confidential consultation at no cost to you to ensure your legal rights are protected and you get the financial compensation you deserve.

Spinal Cord Injuries

2009-07-26T18:16:00.000-04:00

A spinal cord injury can be the result of a sudden blow to the spine that fractures or dislocates the vertebrae. When bone fragments or ligaments bruise and tear the spinal cord, a devastating injury can be the result. Although it is rare that the spinal cord is actually severed, injuries to the spinal cord are life-altering and life-threatening.

Spinal cord injuries are categorized as complete or incomplete. An incomplete spinal cord injury means the spinal cord still has some function and victims of this type of injury retain some motor or sensory functions. A complete spinal cord injury means there is a total loss of motor or sensory function below the level of the injury. Emergency medical treatment at the time of the injury and aggressive care and rehabilitation can minimize the damage to the nervous system and restore limited abilities in some cases, but there is no doubt an injury to the spinal cord is considered a catastrophic injury.

Spinal cord injuries have many and varied causes from automobile accident injuries to falls, sport-related injuries and criminal assaults. The emotional, physical and financial toll on the victims and their loved ones is immeasurable. The financial cost of medical treatment and continuing care for victims of a spinal cord injury can total hundreds of thousands of dollars annually.

If you or a loved one has been the victim of a spinal cord injury, please contact the expert spinal cord injury attorneys at Weiss & Paarz, P.C. today located in the New Jersey and metropolitan Philadelphia area.

Emergency Room Errors as Medical Malpractice

2009-07-03T18:15:00.000-04:00

The lack of healthcare insurance is having an effect on emergency rooms all over the country. People with no health insurance are using emergency rooms as their only source of healthcare treatment for every conceivable ailment. This surge in patients with mostly non-emergency medical problems has put those truly in need of emergency medical treatment in jeopardy.

Emergency rooms are now more than ever, overcrowded and understaffed which is a perfect scenario for mistakes to be made. Negligence and wrongdoing thrive in the present environment in our nations emergency rooms.

Emergency room errors can include the failure to evaluate a patient properly, a misdiagnosis, a delayed or failed diagnosis, delayed treatment, wrong medication or improper dosage being administered and patient dumping. Patient dumping is an alarming trend that refers to a patient being transferred to another facility for monetary, not health treatment reasons, no matter their condition.

Emergency room errors can cause great pain and suffering, long term disabilities and even death. Financial compensation for an emergency room error may include payment for current and future medical expenses, rehabilitation costs, long term care expenses, loss of income and future earning potential, loss of enjoyment of life and funeral and burial expenses.

Residents of New Jersey and the Philadelphia metropolitan area that have been victims of an emergency room error should contact the highly skilled medical malpractice attorneys, Michael L. Weiss and Robert E. Paarz of Weiss & Paarz, P.C. today to schedule a confidential consultation to protect your legal rights and obtain the financial compensation you are entitled to.

The Causes of Kernicterus

2009-06-30T14:44:00.000-04:00

Kernicterus is a form of brain damage caused by a build-up of bilirubin, the substance left over when red blood cells die, in your bloodstream. Bilirubin causes your skin to develop a yellow tint, and it may lead to the development of jaundice. Jaundice is usually harmless. However, if the bilirubin levels in your bloodstream reach very high levels, it may enter the brain, causing brain damage.

Kernicterus is easily avoidable. If your baby shows signs of jaundice, you should visit your doctor immediately for treatment. With competent medical care, your child's condition will improve, and there will be no risk of developing kernicterus. Unfortunately, many doctors make medical errors which may lead to your baby developing kernicterus and acute kernicterus.

Some common errors include:

A doctor might not believe the bilirubin levels in a child's test results and order a second test.
A doctor might see the jaundice in a baby and assume it will go away on its own.
The doctor stops phototherapy, used to treat jaundice, causing kernicterus to develop or get worse.
A doctor uses indirect bilirubin in treatment which can cause the bilirubin in your child's blood to be displaced and enter the brain tissue.
The doctor does not compare the bilirubin to hour specific norms.

If you live in New Jersey or Pennsylvania and believe your child developed kernicterus due to a medical error, please contact the New Jersey medical malpractice attorneys at Weiss & Paarz, P.C. today to schedule a confidential consultation.

What is Kernicterus?

2009-06-10T14:43:00.001-04:00

Kernicterus is a form of brain damage caused by bilirubin, the substance left over when red blood cells die. Bilirubin causes the skin to look yellow and causes jaundice. Jaundice is a common condition; close to 60% of babies born in the U.S. have jaundice for a brief period of time. In most cases, it is harmless. However, if the bilirubin level gets too high in the blood, then some of the bilirubin moves into the brain causing brain damage.

Signs of Kernicterus

Common signs that your baby is suffering from kernicterus include:

Dark yellow or even orange-colored skin
Regular bouts of lethargy
A high-pitched cry
A floppy appearance due to lack of muscle tone
Arching the head and back in a contorted position

If you suspect your newborn has any of these signs, you should consult a doctor immediately.

Kernicterus Treatment

Kernicterus is treatable. Sometimes doctors will fail to provide treatment to a baby that already has kernicterus, assuming that it is too late to treat the condition. This is an act of gross negligence on the part of the doctor, and it constitutes medical malpractice. Treatment should always be administered, even if the baby has already developed kernicterus. The sooner the bilirubin is reduced in the blood, the more likely your baby's brain damage will be reduced, which may mean that less of it will be permanent.

Treatment for kernicterus often includes:

Phototherapy
Medications
Blood exchange

If you live in New Jersey or Pennsylvania and believe your child suffered from kernicterus due to a medical error, please contact the New Jersey medical malpractice attorneys at Weiss & Paarz, P.C. today to schedule a consultation.

Wrongful Death

2009-05-13T12:55:00.000-04:00

The pain of losing a loved one can never be fully healed. And while financial restitution for the family of the deceased will not bring that person back, wrongful death lawsuits can help to ease the burdens surrounding the funeral and burial costs, medical bills, loss of income and general living expenses that will be difficult to handle without that individual.

In order to file a wrongful death claim, the surviving family members must prove that the death was caused by the illicit actions or negligence of an outside party, such as an individual, business or medical facility. This can be a challenging task that requires comprehensive training in the law as well as assertive forces in your court to get the compensation the family deserves.

Statistics

The Centers for Disease Control and Prevention (CDC) has reported that the top 3 causes for injury mortality in the United States in 2005 were:

Motor vehicle traffic accidents
Poisoning deaths
Firearms

While the majority of motor vehicle accidents and poisoning deaths were classified as "unintentional," there are still far too many wrongful death lawsuits that continue to be filed for these categories. Other common causes of wrongful death suits include:

Unsafe work environments
Hazardous premises
Product liability
Medical malpractice

The statute of limitations, or length of time a person has to file a wrongful death claim, is different for each state. Please contact Weiss & Paarz, P.C. in New Jersey or Philadelphia as soon as possible to discuss the wrongful death circumstances of your loved one.

Traumatic Brain Injury

2009-04-20T18:10:00.000-04:00

According to the Centers for Disease Control and Prevention, 1.4 million people in the United States sustain a traumatic brain injury (TBI) every year. While this number is staggering, it is probably only a fraction of the actual number of individuals who may have unknowingly suffered a mild form of TBI but who went untreated.

The problem with diagnosing mild forms of TBI is that the symptoms may not start to appear for weeks following the incident. The victims can appear outwardly normal but may begin to complain of odd sensations or act strangely.

Warning signs of TBI

It is easy to overlook mild TBI symptoms as general fatigue or stress-related ailments. Symptoms may include:

Changes in mood
Sensory sensitivity or changes (sight, sounds, taste, smell)
Nausea
Memory or concentration problems
Neck pain
Headaches
Confusion
Sleep pattern changes
Seizures
Coma or paralysis (in severe TBI)

It is estimated that more than 5 million people in America with TBI require long-term care to perform normal, daily activities. If you or a loved suffered TBI from the negligence of another party, you may be entitled to collect damages. Please contact TBI attorneys Weiss & Paarz in New Jersey and Philadelphia to discuss your situation and determine if you have a TBI lawsuit.

Spinal Cord Injuries

2009-04-01T18:07:00.002-04:00

Living with a spinal cord injury can be mentally, physically and financially challenging, both for the victim as well as the victim's family. While paralysis comes to mind for many people when they hear of spinal cord injury, there is a whole host of problems a person can experience as a result of such an injury.

Possible effects of spinal cord injury

Any combination of the following post-injury symptoms can make daily life difficult for a person suffering from spinal cord injury:

Motor loss or loss of sensation below the injury site, which can include partial or full paralysis
Impaired bladder or bowel functions, including incontinence and infections
Irregular blood pressure, heart rate and body temperature
Sexual dysfunction
Pain
Difficulty breathing
Muscle spasms
Lung infections

Causes of spinal cord injury

Any type of traumatic blow, laceration or bruising of the spinal cord can result in a spinal cord injury. When the spinal cord cells or attached nerve fibers become damaged, the flow of information in the central nervous system is blocked. As a result, the brain is unable to properly send and receive signals to help the body function properly. Common causes for spinal cord injury include:

Auto accidents
Slips and falls
Gunshots or knife wounds
Disease
Sports and recreation accidents

If you are a victim of spinal cord injury and believe your condition could have been prevented, please contact New Jersey/Philadelphia spinal cord injury lawyers Mike Weiss & Bob Paarz, P.C. Our team of lawyers can help you determine if you have a spinal cord injury case.

Nevada Cancer Misdiagnosis Case Returns $2.5 Million Verdict

2009-03-17T18:05:00.000-04:00

A Nevada jury recently awarded the family of Elisa Sanchez $2.5 million in a medical malpractice lawsuit. Sanchez recently died due to her doctor’s misdiagnosis of cancer.

In 2004, Sanchez visited her doctor after finding blood in her stool. Her doctor diagnosed her with hemorrhoids, despite the fact that she was suffering from colon and rectal cancer. As a result, Sanchez experienced a seven month delay in the diagnosis and treatment of her cancer.

Had her doctor properly diagnosed the condition at Sanchez’s first visit, she would have had a 97% chance of survival and recovery. Due to her doctor’s negligence, her survival rate dropped to 50%. Sanchez died of cancer in 2007 at age 27.

Surviving cancer strongly depends on early diagnosis and prompt treatment. In cancer misdiagnosis lawsuits, it is critical to demonstrate that the delayed diagnosis resulted in a diminished chance that treatment would lead to recovery.

The Law Offices of Weiss & Paarz P.C. specializes in medical malpractice cases. We believe that by focusing on these highly complex and specific types of cases, we can offer our clients superior representation and better results.

If you have a cancer misdiagnosis claim, please contact our medical malpractice attorneys today to schedule a consultation. We represent clients in New Jersey and the Philadelphia metropolitan area.

What is a Contingency Fee?

2009-03-04T17:59:00.000-05:00

A contingency fee is a type of legal fee agreement most commonly used in personal injury cases. If your lawyer takes your case on a contingency fee basis, he will only get paid if you win the case. If you lose, he will not receive any money from you, but you may still be responsible for covering court costs and other fees involved in trying your case.

Generally, your lawyer will take a percentage of your settlement award for his contingency fee. It is important to work out the details of the contingency fee agreement in writing before your lawyer begins working on your case. Make sure the agreement clearly specifies the percentage your lawyer will receive, whether there is a difference in the fee if the case is settled or if it goes to trial, and who will be responsible for paying court costs and other expenses related to your claim.

At Weiss & Paarz P.C., we only handle medical malpractice claims. We believe that by limiting our practice to this one specialization of the law, we are able to provide our clients with higher quality legal representation that increases their likelihood of success.

Please contact our medical malpractice attorneys today to schedule a consultation. We serve clients in the New Jersey and Philadelphia metropolitan area.

Failure to Diagnose Fragile X Syndrome Lawsuits.

2009-02-16T09:00:00.002-05:00

Fragile X syndrome is an incurable genetic condition that is the most common cause of inherited mental retardation and autism. Children born with Fragile X syndrome often suffer from a wide range of mental and emotional problems including attention deficit, depressed affect, aggressive tendencies, language difficulties, and developmental delays, which are sometimes severe enough to prevent the child from ever being self-sufficient.

Because Fragile X is a recessive genetic disorder, many people are carriers who never evidence symptoms, but when two people who have the gene conceive a child, the child may have Fragile X syndrome. Simple blood tests are available to determine whether either or both parents are carriers, and the fetus can be tested to determine whether it is affected by the disease. According to best practices, these blood tests should be offered if either parent has any of the symptoms of Fragile X syndrome, or if any of the parents' relatives have symptoms of Fragile X syndrome.

It is your doctor's job to counsel you in important health-related decisions and to ensure that you have all the information necessary to make a fully-informed decision about your family's future. If your doctor failed to follow best practices guidelines by offering genetic blood tests when indicated, he or she is guilty of medical malpractice.

If your doctor's malpractice left you unprepared when your child was born with a detectable genetic disorder like Fragile X syndrome, you may be able to file a so-called wrongful birth lawsuit to help you get the resources to care for your child and ensure his or her future. Please schedule a wrongful birth lawsuit consultation with the New Jersey medical malpractice attorneys at Weiss & Paarz P.C. today to learn more.

Thalassemia Misdiagnosis Lawsuits

2009-02-02T09:00:00.001-05:00

Thalassemia, sometimes called Mediterranean anemia, is a group of genetic blood disorders characterized by a defective gene that inhibits the production of hemoglobin, a vital component of the blood responsible for the transport of oxygen into the body and removal of waste carbon dioxide. If the body cannot produce appropriate hemoglobin, the result is anemia: the blood's inability to provide enough oxygen for the body to function. In its mildest form, this anemia may reduce a person's ability to perform athletics or other strenuous activities. In more severe forms, the disease is life-threatening and sufferers may require regular blood transfusions to stay alive.

Because thalassemia is a genetic disorder, the birth of a thalassemic child can be prevented by simple blood testing of parents, which can tell whether one or both parents suffer from the disease. These blood tests should be offered as part of pre-conception (or at least pre-birth) counseling of future parents. These blood tests would give prospective parents the information they needed to prepare for life with an afflicted child.

It is not your doctor's place to tell you how to conduct your life or to make a decision about the future of your family. But it is your doctor's place to make sure you have all the information necessary to make an informed decision. If your doctor failed to do this, you have a legitimate claim that the doctor is guilty of medical malpractice.

If your doctor gave you misleading or incomplete information that made you unable to plan for the birth of your child with a detectable genetic disorder like thalassemia, schedule a wrongful birth consultation with the New Jersey medical malpractice lawyers at Weiss & Paarz, P.C.

Born with Sickle Cell Disease

2009-01-23T09:00:00.002-05:00

A group of inherited blood disorders in which red blood cells assume an abnormal, rigid sickle shape is referred to as "sickle cell disease." This abnormality results in interruption of blood flow and prevents oxygen from reaching both tissues and organs. When this occurs, painful events can occur with an associated risk of muscle, bone and organ damage.

You may have heard of sickle cell anemia, which is a common form of sickle cell disease in which there is a shortage of red blood cells circulating through the body (anemia) because sickle cells die prematurely. Sadly, sickle cell disease is considered a lifelong disease in which there is no cure at this time.

A simple blood test either before conception or during pregnancy can determine whether either parent carries a sickle cell trait. People with sickle cell trait don't have sickle cell disease or exhibit any signs of the disorder, but they can pass the gene for the disease to their children. When both parents have the sickle cell trait, there's a 25% chance that a child will have sickle cell disease.

If your child was born with sickle cell disease and you feel this could have been prevented by more thorough pre-natal care by your physician, you may have a valid legal claim.

If you live in the New Jersey or Philadelphia area, please contact the law office of Weiss & Paarz, P.C. today to schedule a confidential, no-cost consultation today.

More Prenatal Misdiagnosis and Wrongful Birth

2009-01-16T09:00:00.001-05:00

Most people have heard the term "wrongful death," but you may not be as familiar with the concept of a "wrongful birth." Basically, a wrongful birth is the birth of a child with a disorder or deformity that could have been detected pre-natally. What makes the birth "wrongful" is that had the parents known about this disorder or defect, the pregnancy may have been terminated.

In Tampa, Florida recently there was a wrongful birth case that resulted in an award to the parents of a staggering amount--$21 million. The jury ruled that the doctor misdiagnosed a severe birth defect in the couple's son, leading them to have a second child with similar problems. The two young sons are not able to communicate and need round-the-clock care. The boys will need this constant care for the rest of their lives. The couple claimed that their doctor failed to diagnose their first son's genetic disorder, Smith-Lemli-Opitz Syndrome- after his birth in 2002. This disorder is the inability to correctly produce or synthesize cholesterol. Had the genetic disorder been correctly diagnosed, a test would have shown their second child was also afflicted, and the parents would have terminated the pregnancy.

If your child was born with a disorder or defect that could have been detected during pregnancy, you may have a valid legal claim.

If you live in Philadelphia or the New Jersey area, please contact the law office of Weiss & Paarz, P.C. today to schedule your confidential, no-cost consultation.

Prenatal Misdiagnosis and Wrongful Birth

2008-12-23T09:00:00.003-05:00

The birth of one's child is supposed to be a young mother's most joyous experience ever; however, that joy can quickly turn to fear and horror if your child is born with some type of birth injury. Sickle cell disease, of which sickle cell anemia is a common type, can be detected during the mother's pregnancy with a simple blood test. If your obstetrician does not offer this blood test during the pregnancy, then he may have been negligent. Some parents, upon finding out their child will be born with a disease or defect, would choose to terminate the pregnancy. Parents have the right to know if their child will be born with a lifelong disease.

A very simple blood test either before conception or during pregnancy can determine whether either parent carries a sickle cell trait. People with the sickle cell trait do not have sickle cell disease or exhibit any signs of the disorder, but they can pass the gene for the disease to their children. When both parents have the sickle cell trait, there's a 25% chance that a child will have sickle cell disease. This is where the simple blood test comes in and can alert you to this disease being present in your child. If the blood test is not given, the parent never has the option to choose to terminate the pregnancy.

If your child was born with sickle cell disease, or some other condition or disease that could have been detected prior to birth, you may have a valid medical malpractice case. The skilled birth injury attorneys at Weiss & Paarz, P.C. serving New Jersey and surrounding states, can help.

Pregnancy and Sickle Cell Disease

2008-12-09T09:00:00.001-05:00

With so many factors that could go wrong during pregnancy and childbirth, it's a wonder that so many children are born with absolutely no health problems or physical deformities. But, unfortunately, there are problems during childbirth and during pregnancy that can leave babies with conditions and disorders for the rest of their lives.

A condition known as "sickle cell disease" is one genetic disorder that can be detected by a simple blood test of the mother during her pregnancy. If either the mother or father is at increased risk for the sickle cell trait, a blood test should be offered by the obstetrician to detect the presence of the sickle cell trait in the baby.

Sickle cell disease involves a group of inherited blood disorders in which the red blood cells have an abnormal, rigid, sickle-like shape. This disease can result in interruption of blood flow and prevent oxygen from reaching tissues and organs. A very common form of sickle cell disease is "sickle cell anemia," where there is a shortage of red blood cells circulating through the body because sickle cells die prematurely. There is no cure for sickle cell disease at the present time and this disease does last for a lifetime.

Children born with sickle cell disease will have special needs as the symptoms range from mild to severely debilitating. Children will require medical monitoring over the course of their lifetime, and often times, sickle cell children will require multiple hospitalizations. This, of course, can be rather costly.

If your child was born with sickle cell disease that could have been detected prior to the birth with a simple blood test, you may have valid legal claim of failed prenatal diagnosis. If you live in New Jersey or a surrounding area, please contact the medical malpractice attorneys at Weiss & Paarz, P.C. today to schedule your confidential, no-cost consultation.

Wrongful Birth

2008-11-25T11:26:00.003-05:00

You may have heard of "wrongful death," but many people are not familiar with "wrongful birth." Wrongful birth means the parent or parents sue other individuals for being burdened (financially and emotionally) with a disabled child. Wrongful birth lawsuits are genetic or prenatal medical malpractice lawsuit tort cases.

In many cases, birth defects and/or genetic diseases can be identified early in the mother's pregnancy to allow the parents an opportunity to decide whether they want to allow the pregnancy to continue or whether they will have the pregnancy terminated through abortion. In some states, New Jersey included, if a birth defect or genetic disorder is not detected during pregnancy because of the medical professional's negligence, then a wrongful birth claim can be made.

Genetic disorders and diseases
It is common practice in the United States that obstetricians offer prenatal screening tests to their patients regardless of the patient's age or medical history to detect:

Sickle cell disease (typically in African-Americans
Cystic fibrosis
Canavans disease (typically in Jewish parents)
Tay-Sachs disease
Thallasemias

Down syndrome can be detected by an ultrasound examination that measures the clear space at the back of the neck. This ultrasound in combination with a blood test from the mother can help the obstetrician determine if further testing is necessary.

Proving wrongful birth
In order to pursue and win a valid wrongful birth claim, the attorneys at Weiss & Paarz, P.C. must prove that the medical provider's negligence prevented them from realizing there was an increased risk that the fetus would suffer a genetic disorder or disease or a birth defect. We must also establish that the parents would have terminated the pregnancy had they known about the defect or disorder during the pregnancy. These claims are referred to as "wrongful birth" claims because the child would not have been born if the obstetrician were not negligent.

In New Jersey, if a parent wins a wrongful birth suit, the negligence medical provider must provide monetary compensation related to the child's condition over the child's entire lifetime. Additionally, compensation must be provided for the emotional trauma (injury) and mental anguish suffered by the parents.

If you live in New Jersey and feel you could have a wrongful birth claim, please visit the website of experienced medical malpractice attorneys Weiss & Paarz, P.C. today.

Skin Cancer Misdiagnosis Can Have Deadly Consequences

2008-11-10T11:06:00.000-05:00

Skin cancer is one of the most survivable forms of cancer if detected early. However, if as a result of medical malpractice it is not detected until later, it can metastasize, spreading throughout the body necessitating more invasive and painful treatment. Both you and your doctor have a part in detecting and diagnosing skin cancer.

Your part is to be aware of your body. You should be especially aware of:

A new growth on the skin or a change to an existing mole
Raised red bumps or red, scaly irritated patches of skin
Bleeding moles or other growths that crust and do not heal

If you detect any of these changes, you should make your doctor aware of them, as well as any family history of skin or other cancers. Your doctor should look at the growth and recommend appropriate treatment.

Your doctor should be able to identify whether cancer is likely to be the cause. At the very least, appropriate tests, including a biopsy, should be performed. He or she should refer you to a dermatologist or oncologist as necessary. We trust our doctors to do this, and in most cases our trust is well-founded.

However, sometimes a doctor can ignore a dangerous growth. Sometimes the doctor imagines you are a hypochondriac, sometimes he or she is overworked, and sometimes he or she is either poorly trained or just lazy. Unfortunately, the consequences of this kind of negligence can lead to costly treatment and a serious degradation in the quality of your life, sometimes even to death.

If you are doing your part, there is no excuse for your doctor's failure to diagnose skin cancer. If you have been hurt as a result of a doctor's negligence, schedule a failure to diagnose consultation with the skilled New Jersey medical malpractice attorneys at Weiss & Paarz, P.C.

Erb's Palsy Often Preventable

2008-10-15T12:00:00.002-04:00

The brachial plexus is a group of nerve fibers which run from the spine through the neck, armpit and arm. With the exception of two areas, the brachial plexus is responsible for the nerve impulses affecting both the skin and muscles.

Sometimes, when babies are born, the brachial plexus can be injured, resulting in paralysis or severe nerve damage of the shoulder, arm or hand. Brachial plexus injuries are also called Erb's palsy. Approximately one or two out of every thousand babies will be born with Erb's palsy. These injuries usually occur during a difficult delivery, such as having a large baby, a breech birth or prolonged labor. And sometimes, when the mother is improperly positioned during birth, or if the doctor or nurse assisting in the delivery uses too much force when extracting the baby, this type of injury can be prevented.

Four Types of Brachial Plexus Injuries

Stretch/Neuropraxia/Praxis Injury - The brachial plexus has been damaged, but not torn. Swelling, bruising, compression, or over-stretching may occur. This type of injury may heal over time.
Neuroma - Scar tissue around the injury prevents the nerves from communicating properly with the muscle. Surgery is often the only way to remove the scar tissue.
Rupture - The brachial plexus has been torn in one or more places, but the nerves are not detached from the spinal column. Damage is usually permanent, and surgery may be required.
Avulsion - This is the most serious type of injury, where the nerve is torn from the spine. These injuries can permanently damage the affected areas.

With all four types of injuries, the varying areas affected will show different symptoms. However, Erb's palsy is associated with something called Shoulder Dystocia. This happens with the fetal head has been delivered, but the mother's pelvic bone is blocking the baby's shoulders. This can cause oxygen deprivation, which can cause neurological problems, brachial plexus injuries, or kill the baby.
Because there are protocols set up in hospitals to avoid these types of injuries, there is no reason why your child should have to suffer from Erb's palsy. If you feel that your child's injuries could have been avoided, please contact Weiss & Paarz, P.C. to find out if you can file a medical malpractice suit.

How Do I Know if I am the Victim of Medical Malpractice?

2008-09-30T11:57:00.001-04:00

Medical malpractice is the term used to describe a broad range of things that may occur to you, or a loved one, while in a hospital. The way the hospital treats, or doesn't treat, its patients, or other ways in which it standards of medical care were lacking may indicate malpractice on the part of the health care provider. There are several different instances in which malpractice may have occurred. Some of them include:

Misdiagnosis
Failure to diagnose
Improper treatment
Delay in treatment
Prescription error
Birth injury or trauma

While these, as well as other instances occur rarely, they do happen. You may have heard stories of devices left inside patients after surgery, birth injuries resulting in cerebral palsy, negligence, delayed diagnosis, and more, and sometimes these situations result in death. More often than not they are emotionally and economically draining on the families involved.

It may be obvious to you that there has been a mistake made on the part of health care professionals. However, other times you might not be sure. Maybe you're left with a gut feeling or just a sneaking suspicion that malpractice may have occurred. It is times like this where you might want to consult an experienced medical malpractice lawyer.

If you are in the Philadelphia metropolitan area or anywhere in New Jersey and believe that you may have a medical malpractice case, please contact Weiss & Paarz P.C. to help guide you through the legal process.

CDC Reports Increase in Cerebral Palsy

2008-09-25T15:40:00.001-04:00

A new Centers for Disease Control (CDC) study has shown an increase in the number of children born with cerebral palsy. Previous numbers put the odds of a child being born with cerebral palsy at one in 666. The new study reports one in 278 children are affected.

Cerebral palsy is the most common cause of motor disabilities in children. Over 800,000 people are affected by cerebral palsy in the U.S. Reaching for the Stars, A Foundation of Hope for Children with Cerebral Palsy, hopes this new figure will serve as a wake-up call for scientists to show more interest in the disability. Though the medical field focuses on cutting edge treatment in the U.S., hundreds of thousands of children are affected by cerebral palsy, a number that shows how far we must go in preventing this.

Possible Causes
The term cerebral palsy actually refers to a number of neurological disorders that can affect children shortly before, during or after birth. While medical researchers are not sure of the exact causes, evidence points to mistakes made by doctors and nurses, such as:

Failure to respond to fetal distress in a timely manner.
Failure to respond to a baby’s lack of oxygen.
Improper use of forceps or vacuum extraction.
Prescribing inappropriate medications during pregnancy.

Symptoms and effects

Limited motor skills or paralysis
Seizures
Learning disabilities
Impaired speech.

And, while early detection can increase a baby’s chances for recovering more fully, your child may still require different types of therapy for the rest of their life, or full time in-home care and possible institutionalization.

If you believe your child’s cerebral palsy was caused by the doctors or hospitals, you might have a medical malpractice case. Please contact Weiss & Paarz, P.C. to discuss how an experienced injury lawyer can help you.

Do I Need a Lawyer if I Was Injured by a Doctor?

2008-08-15T07:00:00.001-04:00

In a word - yes. It is in your best interest to consult with an experienced medical malpractice attorney if you have been injured by a doctor, dentist, or other health professional. A malpractice attorney will review the facts of your case, apply the law, and give you an evaluation of the strength of your case and your chances of success based on their experience.

It is crucial that you know if you have a valid case, and what your case is worth. An experienced malpractice attorney will be able to determine this. It is common that the doctor's medical malpractice insurer may offer some settlement money, but the sum will be far less than what they would offer knowing a lawyer is threatening a lawsuit. An experienced medical malpractice attorney knows the insurance defense lawyers and medical malpractice insurers in your area, and will have a far greater chance of increasing your recovery.

An experienced malpractice attorney will know who and when to sue, what legal arguments will be the most effective and beneficial for your case, how to gather proper evidence for your case, the strength of your case, what papers to file with the court and when to file them, how to manage court fees, your chances for settlement, and how to bring your case to trial should it get to that point. An experienced attorney will also know how to handle the attorneys for whatever health care defendant you end up suing.

If you live in New Jersey or the Philadelphia metropolitan area, and believe you may have a medical malpractice case, contact attorneys Weiss & Paarz today to arrange a consultation.

What Are the Types of Medical Malpractice?

2008-08-04T15:36:00.003-04:00

All healthcare professionals including surgeons, dentists, psychiatrists, nurses, hospital administrators, nursing home personnel, and family practitioners can potentially harm a patient. As a result, medical malpractice can come in many forms. Here are some examples:

Emergency Room Malpractice - Emergency room errors may include delayed treatment or diagnosis, misdiagnosis or failure to diagnose, laboratory errors, failure to fully evaluate or fully treat a patient, failure to monitor a patient, medication errors, surgical errors, contaminated blood transfusions, poor sanitation, and other negligence.

Birth Injuries - Obstetrical errors which cause birth injuries include improper use of delivery instruments, failure to monitor fetus or mother or failure to respond to fetal distress, failure to perform a timely c-section, failure to respond to mother's medical problems, inappropriate medications administered to the mother, and failure to monitor and treat newborns.

Failed or Delayed Diagnosis - Harm can be immediate or long term. Heart attack, stroke, cancer, meningitis, brain injuries, and neck fractures are commonly misdiagnosed.

Prescription and Medication Error - Any error in the administration of medicine that causes harm to a patient can be a result of malpractice.

Surgical Error - Surgical errors include wrong site surgery (removing the wrong organ or limb, surgery on the wrong part of the body, or surgery on the wrong patient), anesthesia error, use of surgical instruments which have not been properly sterilized, and instruments left inside the patient leading to infection and injury.

Nursing Home Negligence - Nursing home neglect includes failure to provide adequate fluids and nutrition, assistance with hygiene needs, proper clothing and shelter, medication and medical care, protection from safety hazards, and adequate supervision.

These are only a few examples of medical malpractice. If you think you or a loved one might have a medical malpractice case, and you live in New Jersey or the Philadelphia metropolitan area, contact attorneys Weiss & Paarz today to arrange a consultation.

My Surgery Didn't Turn Out as I Expected. Is This Malpractice?

2008-07-20T16:45:00.001-04:00

Not necessarily. In order to establish a valid medical malpractice case, the following things must be proven. First, a reasonable standard of care must be established, and then it must be proven that a healthcare professional neglected to provide this standard of care or breeched it in some way. Furthermore, it must be proven that this negligence caused damages, injuries, death, or that the mistake contributed to the worsening of the condition. Once the aforementioned have been established, only then can a healthcare provider be found liable, and a patient entitled to damages.

As a part of informed consent, a physician must discuss the risks involved with a procedure, as well as the alternatives to the procedure, including non-treatment if it is an option. In the case of cosmetic procedures, the cosmetic surgeon and patient must discuss at length the aesthetic goals of the patient. A voluntary, cosmetic procedure such as a rhinoplasty or facelift that does not turn out exactly as the patient envisioned does not constitute a valid malpractice claim. If the surgeon failed to adequately discuss such aesthetic goals, and this can be proven, then a case might be made.

Emergency surgeries often have the potential to produce undesirable results. Surgeons sometimes have to make decisions based on the unexpected. If a surgeon makes a wrong decision, or one that might be outside the reasonable standard of care, then a patient might have a malpractice claim.

If your surgery did not go as planned, and believe you might have a malpractice case, please contact malpractice attorneys Weiss & Paarz today to arrange a consultation.

Most Common Types of Medical Malpractice

2008-07-10T16:40:00.002-04:00

Medical malpractice can occur in any area of medicine in which a patient can be injured as a result of poor treatment from a health professional. Here are a few of the more common malpractice claims we see:

Anesthesia Complications - Improper administration of anesthesia can result in serious physical impairment or death.
Burn therapy - Care providers can be held liable if adequate emergency therapy on burns causes excessive injury, loss of tissue, or death.
Child delivery - There are many complications that can cause malformations, birth injury, cerebral palsy, or brain damage.
Heart Attack - One of the most common forms of medical malpractice is the failure to diagnose heart attacks in a timely fashion.
Surgical Errors - If evaluation, preparation, any part of the surgery, or postoperative care is performed incorrectly, the procedure may fail or serious side effects can occur.
Medication - Insufficient amounts of medication, improper instructions, or prescribing the wrong medication.
Failure to diagnose - Any injury that results from medical professionals making an incorrect or delayed diagnosis. Aneurisms, breast cancer, and heart attack are often undiagnosed or misdiagnosed.
Experimentation - Any healthcare professionals using procedures or drugs that are unapproved by reputable medical organizations put a patient at risk.
General Improper Procedure - Medical professionals can make simple mistakes that can be costly to the injured. Examples include delays in treatment or failure to obtain proper consent for treatment.

If you believe you may have a medical malpractice case, and you live in New Jersey or the Philadelphia metropolitan area, please contact attorneys Weiss & Paarz today to arrange a consultation.

How is Medical Malpractice Proven?

2008-06-20T15:29:00.001-04:00

Medical malpractice cases are not easy to prove. Extenuating circumstances can make even the most open and shut case difficult to win. One cannot sue for medical malpractice only because they had an unfortunate outcome while in the hospital. A successful malpractice case must establish the following four things:

Standard of Care - This is loosely defined as the actions that a reasonable healthcare professional in a community would take in similar circumstances. Healthcare professionals have a duty to provide you with a standard of care. What is considered reasonable will vary depending on the type of healthcare professional and the particular community. In other words, the standard of care in a small, isolated town may be different than a state-of-the-art hospital in a large city.
Negligence or Breech of Standard of Care - Once the standard of care is established, it needs to be proved that the healthcare professional did not meet the standard of care. Negligence of care can occur at any point during a hospital stay. In order to do this, it is common to call on a qualified physician to testify as an "expert witness." This physician must state that in their expert opinion, the course of action taken by the healthcare professional was unreasonable, inappropriate, or unnecessary.
Negligence Caused Injuries - Once substandard care is established, it must be proven that it was this negligence that directly caused the damages, injuries, or death - or, at the very least, that the mistake contributed to the worsening of the condition.
Liability and Damages - Once this has been established, then the claimant is entitled to damages (compensation for medical bills, lost wages, monetary compensation for pain and suffering). Damages also cover the expected losses in wages and livelihood in the future.

If you live in New Jersey or the Philadelphia metropolitan area, please contact the medical malpractice attorneys Weiss & Paarz today to determine if you have a valid malpractice case.

How Can a Medical Malpractice Lawyer Help Me?

2008-06-09T15:14:00.002-04:00

Our malpractice attorneys will review the facts of your case, apply the law, and give you an evaluation of the strength of your case and your chances of success based on our experience. It is crucial that you know if you have a valid case, and what your case is worth. Our attorneys will be able to determine this.

Medical malpractice cases are complicated and need to be handled by a seasoned malpractice attorney in order for you to get the most compensation from a lawsuit. We know who and when to sue, what legal arguments will be the most effective and beneficial for your case, how to gather proper evidence for your case, the strength of your case, what papers to file with the court and when to file them, how to manage court fees, your chances for settlement, and how to bring your case to trial if necessary. We will also know how to handle the attorneys for whatever health care defendant you end up suing.

It is common that the doctor's medical malpractice insurer may offer some settlement money, but the sum will be far less than what they would offer knowing a lawyer is threatening a lawsuit. An experienced medical malpractice attorney knows the insurance defense lawyers and medical malpractice insurers in your area, and will have a far greater chance of increasing your recovery.

If you believe you may have a medical malpractice case and you live in New Jersey or the Philadelphia metropolitan area, contact attorneys Weiss & Paarz today to arrange a consultation.

What is Informed Consent? Why is it Important?

2008-05-28T18:06:00.002-04:00

Informed consent is a process of communication and a signed agreement between a patient and physician (not a representative or proxy) that results in the patient's authorization to undergo a specific medical procedure or treatment. Without being fully informed of the risks and alternatives regarding a planned treatment, a patient cannot give an informed consent to proceed. This inadequate information may result in further injury and even wrongful death.

Adequate information from a physician regarding a procedure should include: the identification and qualifications of the physician or surgeon who will be performing the medical procedure, the patient's present medical condition (if known), the purpose of the proposed procedure and the risks involved, any alternatives to the procedure and the risks involved with the alternatives (including non-treatment if it is an option), the chances of the procedure's success, expected length of recovery time, the approximate cost of the procedure and whether it will likely be covered by the patient's health insurance

A patient must also be given the opportunity to ask the doctor questions and discuss their options with family.

Signing an informed consent form does not mean a doctor or hospital can't still be held accountable for malpractice. A doctor is still required to act within the required standard of care. It is also important to note that proving a physician or surgeon failed to obtain informed consent is not enough to win a medical malpractice lawsuit. A patient must prove that had they been informed properly, they wouldn't have consented to the medical treatment and that their medical outcome would have been different.

If you or a family member might be a victim of medical malpractice due to lack of informed consent, and you live in New Jersey or the Philadelphia metropolitan area, please contact attorneys Weiss & Paarz today.

Gastric Bypass Malpractice

2008-05-20T18:37:00.002-04:00

Gastric bypass surgery has become a popular option for those who suffer from morbid obesity. Although the safety of the procedure continues to improve, the fatality rate is nearly twice that of other similarly complicated operations - affecting as many or more than 1 in 200 patients.

Abdominal surgery is risky. Risks include infections, heavy bleeding, inflammation of stomach's lining, rejection of material used for sutures, blockage of the intestines because of adhesion, and incisional hernia. Leaking of gastrointestinal juices from the surgical connections can lead to serious infection, abscess, peritonitis and death. 10-20% of patients who undergo gastric bypass surgery need follow-up surgery to correct such complications.

You or a loved one may have a valid gastric bypass malpractice claim if:

The treatment facilities lacked appropriately-sized equipment for obese persons (diagnostic tools, instruments, CAT scanners, and operating tables)
The physician was fatigued while performing the surgery, increasing the risk of complication.
The physician failed to respond immediately to complaints of symptoms that indicated suture line leaks or other complications
Excessive pain was endured shortly after the surgery
Serious complications such as clotting, difficulty breathing, or kidney problems resulted from the surgery
The doctor did not sufficiently monitor the post-operative recovery
The physician failed to educate you or your loved one about post-surgery recovery so that in the event of complications the response could be swift and life saving

If you think you or a family member might be a victim of bariatric malpractice, and you live in New Jersey or the Philadelphia metropolitan area, please contact the experienced medical malpractice attorneys at Weiss & Paarz today.

Injuries at Birth Can Last a Lifetime

2008-04-30T12:54:00.001-04:00

During a difficult delivery and when there mistakes are made by doctors or other medical professionals, injuries to newborns can occur. One of the most common birth injuries is damage to the Brachial Plexus. The brachial plexus is a bundle of nerves that lies between the neck and the shoulder. Brachial plexus injuries result in numerous disabilities ranging from mild to severe, but the most common is called Erb's palsy.

Brachial Plexus injuries can be caused when the baby is born with shoulder dystocia. Shoulder dystocia is one of the most dreaded birthing experiences an obstetrician can face. Shoulder dystocia occurs when, after delivery of the baby's head, the baby's anterior shoulder gets stuck behind the mother's pubic bone. Not knowing how to properly deliver a baby with shoulder dystocia can be catastrophic, and this type of medical malpractice is especially tragic because an innocent baby is the victim.

There are several ways damage to the brachial plexus nerves can manifest itself in newborns:

Horner's Syndrome is caused by damage to the sympathetic nervous system and results in eyelid droop and a smaller pupil.
Klumpke's Palsy is paralysis of the thoracic nerves and caused the hand to be limp with immovable fingers.
Complete Brachial Plexus Palsy occurs when all five nerves of the brachial plexus are affected; the entire arm will be paralyzed.
Erb's Palsy results in your newborn being able to move one arm but not the other. Most infants born with this condition will recover both movement and sensation in the affected arm without surgery, but if the nerves don't recover on their own, your child may require surgery or other treatments.

A brachial plexus injury usually causes intense pain from the neck down on the affected side. People with brachial plexus injuries sometimes report the arm has a pins and needles sensation or feels like it is on fire.

Other symptoms include:

Loss of strength in the affected arm or hand
Limp or paralyzed arm
Lack of muscle control in the arm, hand or wrist
Lack of feeling or sensation in the arm or hand
Eyelid droop and small pupil
An internally rotated and abducted arm and wrist
Scapular winging
Phrenic nerve damage

It is estimated that one or two out of 1,000 babies will be born with a brachial plexus injury. Most shoulder dystocia and Erb's palsy injuries are caused by medical negligence as there are effective ways of managing this birthing situation to prevent injury. Many times, shoulder dystocia can be anticipated, and Caesarean sections should be arranged but are not due to medical negligence.

Many brachial plexus injuries are the result of medical malpractice and require the services of an attorney. If you believe your child was injured due to the negligence of a health care professional, there is legal help available to you. Our birth injury attorneys have extensive experience representing victims of brachial plexus injuries and have offices conveniently located in

If you would like to learn more about your child's birth injury and what legal action you can take, please contact Weiss & Paarz, P.C. today to schedule your initial consultation. We serve birth injury victims and their families throughout New Jersey and the Philadelphia, PA area.

Standard of Care and Birth Injury

2008-04-29T12:48:00.002-04:00

When speaking and reading about medical malpractice and medical negligence, we often hear the words "standard of care." In tort law, standard of care is the degree of prudence and caution required of a medical professional who is under a duty of care. A breach of standard of care is necessary to prove medical negligence.

Legally speaking, standard of care is how similarly qualified practitioners would have managed the patient's care under the exact same or similar circumstances. A medical malpractice plaintiff (and his legal team) must establish the appropriate standard of care and demonstrate that the standard of care had been breached by defendant (medical professional).

Birth Injury

Sometimes the joy of childbirth fades quickly when parents realize there may be a problem with the delivery of their child. One of the most common types of birth injuries is called a Brachial Plexus Injury. The brachial plexus is a network of nerves that conducts signals from the spine to the shoulder, arm and hand. When those nerves are damaged, brachial plexus injuries occur.

How Do Brachial Plexus Injuries Occur?

During childbirth, shoulder dystocia may occur causing a very difficult delivery. Shoulder dystocia occurs when, after delivery of the baby's head, the baby's anterior shoulder gets stuck behind the mother's pubic bone. The rest of the baby does not follow the head easily out of the vagina as it usually does during normal deliveries. When a baby's shoulders become impacted during delivery, the brachial nerves stretch or tear.

Medical Error

Brachial plexus birth injuries are typically the result of medical negligence, and they often can be prevented. Failure to properly estimate the baby's weight, perform a c-section when necessary, recognize cases of gestation diabetes, and use of excessive force during delivery can all result in brachial plexus birth injuries.

It is estimated that one or two out of every 1,000 babies is born with a brachial plexus injury. One of the most common brachial plexus injury is called Erb's palsy and results in your newborn being able to move one arm but not the other. Most infants born with brachial plexus injuries will recover both movement and sensation in the affected arm without surgery, but if the nerves do not recover on their own, your child may require surgery and/or other treatments.

Limited Treatment Options and Long-term Damage

If your baby does not recover from his brachial plexus injury, your doctor should examine him at one-month-old and three-months-old. If there is no change over the first three months, nerve surgery may be recommended; however, nerve surgery will not restore normal function in infants older than one year. Because nerves grow at a rate of an inch per month, it may take months or years for nerves repaired at the neck to reach the muscles of the lower arm and hand.

Children who suffer birth injuries may live with the following:

Paralysis of the shoulder, arm and/or hand
Loss of feeling in the shoulder, arm and/or hand
Hand which does not function properly
Limp hand or fingers
Shorter than normal arm
Rotated arm
Winged shoulder blade
Downward sloped shoulder
Flexed elbow
Atrophy of the deltoid, biceps, and brachialis muscles

If you would like to learn more about your child's birth injury and what legal action you can take against medical professionals, please contact Weiss & Paarz, P.C. today to schedule your initial consultation. We serve birth injury victims and their families throughout New Jersey and the Philadelphia, PA area.

Reasons for Surgical Mistakes

2008-03-31T19:10:00.002-04:00

Whether you are going into the hospital for a surgery that will only take a local anesthetic, or a major operation where you'll be unconscious for a period of time, you may feel a little hesitant. These feelings seem to be somewhat normal for most people. After all, no one wants to put their life in the hands of another person. But what if this person is qualified and highly trained? Are you more likely to let them perform surgery on you? The obvious answer is yes. However, accidents happen and mistakes are made even by the best surgeons, nurses, anesthesiologists, and hospitals in the world. But why do some of these things happen? We've heard stories of surgical instruments left inside patients, and arteries being clipped, yet we never really are given explanations for why these mistakes occurred in the first place.

Reasons
One reason mistakes are made might be due to the chaos that surrounds emergency situations. People who have been injured in accidents might need emergency surgery to keep them alive. And during this chaos, rush decisions need to be made by doctors and nurses. These rush decisions, meant to save lives can sometimes lead to permanent injuries that might not have occurred had the surgeons taken more time. It's times like these when instruments are left inside the patient's body.

Fatigue is another reason mistakes are made. While we'd like to believe that all surgeons have had their required rest, but hours for doctors and hospital staff are often long and sometimes arduous. When surgeons or their staff are tired, mistakes are more likely to be made, and patients are more likely to suffer as a result.

Miscommunication between doctors and staff is something that we don't like to think about, especially given the fact that our lives are in their hands, but with all the different charts showing different tests and other minutia that must be attended to, any little slip or note read the wrong way can spell trouble for all involved.

Thousands of people undergo surgery every week. Most of these surgeries are successful. However, a small percentage will be bungled and the patients will be injured or killed due to a health care professional's error. When these mistakes occur, you need to know what your options are. One of the options you have is to find out if you, or your loved ones, deserve compensation.

If you believe that an injury you or a family member sustained was due to some kind of negligence on the part of the surgeon or the team performing on you, please contact the experienced personal injury law offices of Weiss & Paarz P.C. in the Philadelphia and New Jersey area.

How Do I Know if I am the Victim of Medical Malpractice?

2008-03-31T19:03:00.002-04:00

Misdiagnosis
Failure to diagnose
Improper treatment
Delay in treatment
Prescription error
Birth injury or trauma

While these, as well as other instances occur rarely, they do happen. You may have heard stories of devices left inside patients after surgery, birth injuries resulting in cerebral palsy, negligence, delayed diagnosis, and more, and sometimes these situations result in death. More often than not they are emotionally and economically draining on the families involved.

While it is often obvious if there has been a mistake made on the part of health care professionals, but there might be other times when you just aren't sure. Maybe you're left with a gut feeling or just a sneaking suspicion that malpractice may have occurred. It is times like this where you should consult an experienced personal injury lawyer.

If you are in the Philadelphia, Pennsylvania or New Jersey area and believe that you may have a medical malpractice case, please contact Weiss & Paarz P.C. to help guide you through the legal process.

The True Cost of Medical Mistakes

2008-02-28T17:27:00.002-05:00

Medical mistakes cost everyone. The result can be seen in rising insurance premiums, however the true cost is human suffering. Anyone who has become disabled, or lost someone they love understands the crushing pain of medical mistakes. In many cases families are faced with a lifetime of financial burden they cannot afford.They worry about how they can afford to pay for the treatment their child requires due to the negligence of a preventable birth injury. Survivors face overwhelming grief once they realize their loved one should never have died of cancer due to the failure of the medical provider to make an proper dianosis. Preventable medical mistakes should not be ignored. Medical providers should be held to a higher standard.

Surviving family members find their own lives shutting down as they struggle with grief, guilt, and anger. Often they are left with Post Traumatic Stress Disorder, depression, and anxiety. Don't let the pain take away your ability to reason. See a professional such as Michael Weiss. Explore your options with a medical malpractice specialist.

Welcome

2008-02-01T11:49:00.000-05:00

Pursuing a medical malpractice claim is often complicated, difficult, and expensive. We believe that in order to maintain the expertise needed to be consistently successful, we must focus 100% of our professional time on handling medical malpractice cases only. We have therefore chosen to completely limit our legal practice to representing people who have been severely injured or killed as a result of medical neglect.

It's important that we know our medicine. That's why in addition to an extensive network of medical experts to choose from, we have a physician on staff.

Obtaining justice should not depend on whether a person has the financial resources to bring a lawsuit. We therefore investigate claims at our own expense, and our clients are not responsible for costs or legal fees unless we recover money for them.