Legal Question in Medical Malpractice in New Jersey

Surgery Mistake

My father had surgery to remove a tumor from his colon and was released from the hospital after a week. he was rushed back to the hospital 2 days later for emergency surgery. It was discovered that the incision of the intestine was not completely closed, and everything he ate was depositing into is stomach area which caused poisoning of his system. He now has a colostomy bag as a result. Is this malpractice?


Asked on 1/05/09, 5:05 pm

3 Answers from Attorneys

Savyon Grant Law Office of Savy Grant

Re: Surgery Mistake

It sounds like there was a very serious mistake made. If you want to discuss I am always available. 212\847\9595

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Answered on 1/05/09, 5:40 pm
Michael Zerres Blume Forte Fried Zerres & Molinari

Re: Surgery Mistake

This firm has handled hundreds of cases surrounding surgical error. If the failure in the incision was due to negligence in the performance of the surgery, and/or if the leakage was not diagnosed timely and caused severe infection resulting in permanent injury, then your father may have a viable claim. We'd need additional information in order to evaluate your father's potential claim. Please feel free to contact me or any of my partners at the Blume Goldfaden Firm via the profile information provided on this site. We look forward to speaking with you, and will assist you in any way we can.

Michael B. Zerres

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Answered on 1/05/09, 5:52 pm
Arthur Newmark Arthur Newmark, M.D.. Esq

Re: Surgery Mistake

You describe �food depositing into his stomach area, causing poisoning�. This suggests that the stitches holding the colon together, internally, came apart, allowing the bowel contents to leak.

This is something that one has to been watching for when they do �primary anastomosis� as they did apparently for your father. (The alternative to �primary anastomosis� is a temporary colostomy).

Before someone is discharged from the hospital, especially after colon surgery, the doctors need to be sure

that a patient is eating, passing gas, and has adequate urine output.

Based on your father being rushed back to the hospital 2 days later for emergency surgery it is likely that

he was discharged prematurely.

Anyone considering a lawsuit in NJ needs to be aware of the �NJ Tort Claims Act� under which ceratin doctors and hospitals, based on their teaching affiliation with the State University are entitled to �Notice of a Claim within 90 days of the incident.

This is one more reason, in addition to the 2 year statute of limitations, to contact attorneys as soon as possible if they are considering medical malpractice case in NJ.

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Answered on 1/05/09, 6:37 pm


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