Legal Question in Medical Malpractice in New Jersey

Can I re-open a settled case?
I filed suit approx. 13-14 years ago regarding an operation on a keloid. This particular doctor, died a couple months after the operation from a cocaine overdose. He also was not board certified (I found this out after the operation). I filed suit, however, I was young and naive and didn't realize at the time I would be left with this hideous scar for the rest of my life. It's on the center of my chest (collar bone) area. I cannot wear most blouses, it's extremely painful, it itches and is constantly growing at a very slow rate. Apparently, there is no cure for keloids. My question is this. Is there anyway I can re-open this case and get what I really deserve? I shouldn't have to suffer for this. Thank you.

Asked on 12/15/04, 10:56 am

2 Answers from Attorneys

Adam L. Rothenberg Levinson Axelrod, P.C.

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Re: Can I re-open a settled case?

Unfortunately, once a case is settled, it is done except some very very narrow exceptions. Thes exceptions would be a case settled while you were under 18 and without court approval or a fraudulent settlement. (There may be others, but that would be all that I am aware of). Mistake or miapprehension about the sope of the injury is certainly not sufficeint. I am sorry, but I do not think that there is any likely wasy to reopen your case.

Answered on 12/15/04, 11:08 am

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