Legal Question in Medical Malpractice in New Jersey

My mother has been under the care of a neurologist for over a year. Within that time frame he diagonoised her as having seizures. She had a stroke in 1998 and a few small mini strokes. He put her on Kempher which is whe she started having blackouts and loss of appetite and was in and out of the hospital, only test given was an MRI which came back with no sign of stroke or seizure. Later on we addressed the Dr pertaining to the fact that maybe she was not having any seziurs through our perusaison her medication was changed and she was tested at home for seizures which concluded with no sign of seizures, months have gone by and we believing the Dr continued to allow my mother to take the medication lotrimenge for seizures. She was fading away before our eyes. 2 weeks ago she was admitted in the hospital and we her children spoke to the Dr and told him she is suffering from all the side effects of the medication she is receiving and if that was normal. His reply was yes it was normal. I responded on what basis, what testing are you determining this. He told me his common knowledge, I again asked him was going to do any testing, he got very upset and release my mother from the hospital the very next morning. She was still on the same medication, I made sure I told the nurse to document that we told the Dr she was having bad side effects from the meds. The next week when my mother called the Dr, he told her he was no longer her doctor, he just dropped her. Thank God. We found another Dr. and in the interim she was still on the meds and she ended back in the hospital, which her new Dr assigned a Seizure specialist who tested her for seizures which concluded she is not showing any sign of seizures and has been taken off the medication. She now is being sent to a rehabilitation center, she needs assistant living care because she is still in bad shape. Should the Dr be held liable for all her stress and medical bills incurred during his wrong diagnosis?

Asked on 11/09/11, 12:12 pm

1 Answer from Attorneys

Michael Zerres Blume Goldfaden Berkowitz Donnelly Fried & Forte
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Thank you for your inquiry. I am sorry to hear that your mother is ill. If your mother's condition was misdiagnosed, and she was administered contraindicated medications detrimentally resulting in permanent injuries/conditions, she may be able to pursue an action to recover damages including those associated with medical costs. Please feel free to call me or any of my partners at this firm to discuss the potential claim. We will assist you in whatever way we can.

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Answered on 11/10/11, 7:57 am

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