Legal Question in Medical Malpractice in New Jersey

I had an abortion done on 6/10/10. Since then I started bleeding very heavily. I called the place that did the procedure and they told me that it was normal. I knew it wasnt because of the amount of blood so I went to the ER. They did an ultrasound and told me that the procedure was incomplete and ther was still remains inside of me. I lost alot of blood and my iron is very low. Also, I was encountering severe cramping. They also told me I need to get another abortion done to remove the remains. They told me to go back to the same place that did it before. I don't really want to do that? Do I have some type of civil or med. malpractice case? I'm located in Newark, NJ.


Asked on 6/21/10, 9:21 am

1 Answer from Attorneys
Arthur Newmark Arthur Newmark, M.D.. Esq

You are describing active medical issues. You must discuss your options with your doctors expeditiously. Although I am a doctor, I do not give medical advice on this site.

One caveat, in NJ, you need to be aware of the New Jersey Tort Claims Act. If your treating doctor was a "state employee", he must be served with notice of a claim within 90 days of the incident to preserve your right to sue. In med-mal, this typically applies when a doctor is affiliated with UMDNJ. You also need to be aware of the 2 year statute of limitations for a civil claim.

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Answered on 6/21/10, 2:45 pm


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