Frequently Asked Questions
Medical Malpractice Frequently Asked Questions
- Is there a fee for the initial consultation?
- What services are available?
- What types of cases does Dr. Quinn take?
- Can Dr. Quinn still represent me, even though he is located in New Jersey?
- Is a patient entitled to copies of their medical records?
- How much may I be charged for my medical records?
- How long must my medical record be maintained?
- What is the Statute of Limitations?
- What is medical malpractice?
- What is an Affidavit of Merit?
- Which types of medical professionals commit foot malpractice?
- Who can bring a lawsuit for medical malpractice?
- Who can be sued for medical malpractice?
- What do I need to prove in my case?
- How do I prove my case?
- How long will my case take?
- What is a contingency fee?
- Who is responsible for the expenses in a malpractice case?
Is there a fee or cost for the initial consultation?
No.
The focus of the law practice is medical malpractice litigation involving problem areas related to the legs, ankles, and feet and toes. This includes the representation of clients who have sustained injuries as the result of a doctor's negligence and/or malpractice.
Dr. Quinn makes himself available to other attorneys to assist them in the screening of cases to ensure that only valid cases are brought to court in an effort to weed out any "frivolous" lawsuits. In addition, he is available during the preparation, discovery and trial of a case for attorneys.
What types of cases does Dr. Quinn take?
While Dr. Quinn has a medical degree specializing in podiatry, it is important to recognize that his classroom training and residency training has exposed him to vast surgical and medical experiences beyond the treatment of the foot and ankle. As such, Dr. Quinn does take on cases other than those related to the foot and ankle cases. In fact he has successfully litigated other cases such as general surgery and Nursing home bed sore matters.
Can Michael A. Quinn, D.P.M., J.D. still represent me, even though he is located in New Jersey?
In instances where Michael Quinn is consulted by a client or another attorney who representing their client outside of New Jersey, Dr. Quinn may provide a referral or associate with local counsel who is either personally known, or in whom Dr. Quinn has confidence in being competent to manage the case. In some cases, Dr. Quinn may continue to work with local counsel in preparing the case's medical and legal research, motions, pleadings, discovery, and depositions and if needed, attain temporary privileges to practice law in that state through the legal concept of Pro Hac Vice.
Is a patient entitled to copies of their medical records?
Yes. While the actual medical records are the property of the health care provider, patients are entitled to copies of all the information contained within their patient record. A patient will be required to sign and execute a release of medical information form to allow the release of their medical records and may be charged a reasonable fee for the reproduction and cost of mailing.
The New Jersey Administrative Code. N.J.A.C. 13:35 provides in part that physicians must prepare: "contemporaneous, permanent professional treatment records." These records shall contain the dates of treatment, the patient's complaints, the history taken by the physician, the findings made on physical examination, progress notes, orders for tests or consultations and the results of same, the diagnosis or impression, the treatment plan, including specific dosages of medications, and the identity of the provider of treatment. The records must be provided within 30 days after receipt of a request from a patient or authorized representative. N.J.A.C. 13:35-6.5(b)(3)(vii)(3) and N.J.A.C. 13:35-6.5(c)(1). Likewise, a hospitals is required to provide a complete copy of the hospital chart within 30 days of the request. N.J.A.C. 8:43G-15.3(d).
How much may I be charged for my medical records?
In New Jersey a doctor may charge "$1.00 per page or $100.00 for the whole record, whichever is less." N.J.A.C. 13:35-6.5(c)(4). Hospitals may only charge $1.00 per page for the first 100 pages, and $0.25 per page thereafter to a maximum charge of $200.00 for the entire record. N.J.A.C. 8:43G-15.3(d)(1).
The hospital must establish a policy of providing copies of medical records for patients who do not have the ability to pay. See N.J.A.C. 8:43G-15.3(d)(3).
How long must my medical record be maintained?
Pursuant to N.J.S.A. 26:8-5, the person in charge of a hospital is required to maintain a medical record for a period of 10 years following the most recent discharge of the patient or until the person reaches the age of 23, whichever is longer. The discharge summary shall be retained for a period of 20 years following the most recent discharge of the patient. X-ray films related to such confinement or any sized reproductions thereof, which maintain the clarity of the original, shall be retained by the custodian of records for a period of five years.
What is the Statute of Limitations?
Generally, The Statute of Limitations is the time period after which a lawsuit cannot be brought.
The Statute of Limitations varies by state - in medical malpractice cases, many states have a two year Statute of Limitations. Some states have Statutes of Limitation as short as one year, other states have Statutes of Limitation as long as three years or more.
In New Jersey, the Statute of Limitations for medical malpractice cases is generally 2 years. This means that the lawsuit must be brought within two years from the time the patient, guardian or family member knew or should have known that medical malpractice may have cased the injury.
The rules about statutes of limitations can be changed by the legislature, and often altered by the appellate courts. You should consult with an attorney experienced in medical malpractice litigation immediately if you think your potential case could have a statute of limitations issue.
Medical malpractice is the failure of a medical provider to deliver care in accordance with proper medical or surgical standards of care. A medical professional must have acted in a manner that was not proper when compared to what other similarly trained professionals would have done in a like or similar circumstance.
Some examples include misdiagnosis, delay in diagnosis; an error in performing surgery or selection of an improper surgical procedure (including performance of unnecessary surgery); failure and delay in properly recognizing and treating complications; and the failure to obtain the informed consent from a patient.
It is vitally important to separate malpractice from an unanticipated result or recognized complication. The unsuccessful result from medical treatment or surgery does not necessarily mean that there was medical malpractice.
What is an Affidavit of Merit?
In order to proceed with a lawsuit against a professional for claims of malpractice, the plaintiff must secure and serve an "Affidavit of Merit" from a qualified professional that essentially states that the care/treatment rendered probably fell below the standard of care. This is set forth in the Affidavit of Merit Statute, N.J.S.A. 2A:53A-27 and is intended to prevent "frivolous" suits against licensed professionals.
Which types of medical professionals commit foot malpractice?
In addition to podiatrists, there are many other medical specialties treat the foot, such as orthopedics, general practitioners, family doctors, primary care physicians, internists, dermatologists, plastic surgeons, radiologists, chiropractors, vascular surgeons, and emergency room doctors.
Likewise, patients can malpracticed by non-surgical treatment or by para-professionals such as nurses and physical therapists who sometimes perform services beyond their scope of practice. Even nail technicians in nail salons engage in the practice of medicine by pairing or cutting callouses, corns and nails.
Who can bring a lawsuit for medical negligence?
When a patient is injured as a result of medical malpractice, the patient may bring suit. In some cases members of the patient's family including the patient's spouse and/or children may bring a claim. In the event the patient is not competent to pursue the claim, the matter can be brought to court by a legal representative. In certain cases where the patient has died, the permitted plaintiffs may include the estate of the deceased person after appointment of a legal representative, a surviving spouse, and depending on the circumstances children or parents of the decedent.
Who can be sued for medical malpractice?
Any medical provider who has caused injury due to professional negligence may be named as a defendant. However, there are certain laws and requirements that must be complied with when bringing an a medical malpractice action such as the N.J. Affidavit of Merit Statute. This statute as well as the Patient's First act often go through revision by the legislature and ongoing interpretation by the court.
Health care professionals employed by Governmental Entities may be treated differently, depending on differences under the law between various government entities. Suits against state hospitals, for example, must be brought under the Tort Claims Act. This act may place restrictions on recovery of damages and proof required to determine liability. Tort claims must be brought under the appropriate law, meaning a claim against a Veterans Administration hospital would fall under the Federal Tort Claims Act.
If you are the plaintiff, in order to prove professional negligence, you must produce sufficient evidence against the medical care provider. This includes the following:
- Negligence
- Proximate cause
- Damage done
The inability to prove any one of these three elements, will result in the lawsuit being dismissed.
Negligence is action or inaction that is not standard procedure. Medical negligence is the failure of the provider to provide medical care in accordance with proper standards of care. In other words, the plaintiff must prove that a medical professional acted in a manner that was not proper when compared to what other similarly trained professionals would have done in a like or similar circumstance.
Proximate cause is the relationship between action or events and the resulting injury. Plaintiffs need to prove the medical provider's negligent behavior lead to injuries suffered.
Damage represents injury and harm that the patient experienced as a result of negligent action of the medical provider, including physical and emotional harm as well as financial burden.
In most cases, prosecuting a medical negligence case requires the use of licensed doctors as expert witnesses. Doctors need to know the standard medical procedure for a given medical condition and testify that those standards were not met by the defendant, that this behavior caused the injuries, and that proper procedure would not have resulted in the injuries suffered by the plaintiff.
A case may be dismissed if the plaintiff does not have testimony of an expert witness. In cases like this, the jury may not share the details of the case with others.
Damages can be assessed by determining lost wages, emotional and physical pain and suffering of the injured party and others, medical needs, and projected future bills.
Depending on the complexity, concluding a case may take three or more years. Factors include how many defendants are involved, how many proceedings, schedules of parties, experts and attorneys, as well as the county in which the case is filed along with any backlog in cases to be tried due to the availability of a judge. Adding to the length of time to conclude a case, defendants may appeal if they are found guilty.
This is a form of payment to your attorney for their professional services for the work performed in the handling and management of your negligence case. The lawyer is paid for his services as a percentage of the ultimate settlement or verdict obtained in your case.
In New Jersey a sliding scale is set forth by New Jersey Statute. This is so that injured parties, who may not be able to afford an attorney on an hourly basis due to financial constraints and/or the inability to work due to their injury, may obtain access to an attorney and obtain representation in court. Should the case prove to be unsuccessful, the attorney in a contingency fee agreement receives no reimbursement for their professional services, however the client continues to be responsible for the costs and expenses incurred.
Who is responsible for the expenses in a malpractice case?
In most cases, clients cover the costs associated with lawsuits, including medical malpractice lawsuits.
Attorneys for the plaintiff at times advance the client funds for some expenses including investigations and the cost of the trial, with the understanding that fees for the attorneys will be taken from the award, should the plaintiff win the case.
Expenses covering litigation include various court administration fees, medical information services fees and other expenses such as car and hotel expenses. Additionally, medical negligence expert witnesses will be retained and costs associated with any and all expert witnesses will need to be paid. The combination of all of these expenses is quite substantial.