Car accidents happen unexpectedly and can not only result in injury but can also result in a real drain on your finances and mental state. Before you know it, all your savings disappear. With everything going on, it’s easy to lose a sense of what you need to do to make sure you can recover physically, emotionally, and financially. Your best bet is to be prepared. In this blog, we’ve listed nine things that you should do in case you find yourself in an accident.

1. Do Not Panic

A car accident can be nerve-racking, but you must breathe and stay calm. Keeping a clear mind will help you stay in control of the situation. When your mind is steady, it’s easy to remember everything you need to do post-accident.

2. Secure the Area – Ensure You and Others Are Safe

Staying inside your car is your best option if it’s unsafe outside. Once you’ve ensured your safety, check on the wellbeing of your passengers, the other driver, and their passengers. If you can, move your car out of oncoming traffic. If it’s not safe to drive your car, turn on your hazard lights or set up road flares to warn other vehicles.

3. Call the Police and Ambulance

You must call 911 or the nearest police department. An ambulance will come, and first responders can provide care if there are any injuries. The police will assess the situation and ask you to share sensitive information such as your driver’s license and insurance for the accident report.

Get the name and badge number of the responding officers and ask where you can obtain a copy of the police report. Your insurance company may ask for a copy when you start the claims process.

4. Do Not Apologize

In the United States, it is considered an admission of guilt if you apologize after an accident. Without a lawyer to help determine the fault in an accident, an admission of guilt can be used against you and your insurance company, preventing you from recovering damages.

5. Collect Necessary Information

Following the incident, you must exchange information with the other driver. This includes names, contact information, driver’s license numbers, and insurance information. Collect their names and contact information if there are any witnesses to the accident.

6. Take Images and Videos of the Area/the Accident

If you have a camera or smartphone, take pictures or videos of the scene where the accident occurred, damage to your car, and any visible injuries. These will come in handy later when filing an insurance claim or personal injury lawsuit.

7. If You Seek Medical Attention, Request All Documents and Information

If you need medical attention at the scene of the accident or the hospital, voice your complaints and maintain records of all bills. It’s crucial that you keep all medical receipts, as these will be used to calculate your damages. If the police ask you to undergo any post-accident drug testing or an alcohol test, request a copy of the results to show intoxicating substances were not a factor.

8. Contact Your Insurance Company – Whether It’s Your Fault or the Other Driver’s

Your insurance company needs to know that you have been in an accident, even if the other driver is at fault. Failing to inform your insurer of the accident can result in policy cancellation or denial of future claims.

9. Get in Touch with Your Local Personal Injury Attorney

If you plan on filing a personal injury lawsuit, an attorney will be able to help you navigate the legal system. Furthermore, a personal injury attorney can help you with the extensive claims process and obtaining post-accident test results. They will also gather other evidence, negotiate with insurance companies, and argue your case in court, if necessary.

Contact a New Jersey Personal Injury Attorney Today

The United States government recognizes the challenges thousands of car accident victims face nationwide. This prompts official government organizations, like the Department of Transportation (DOT), state congresses, and local municipalities to enact and strengthen the laws to protect those on our nation’s highways.

But when you or your loved ones are injured due to negligence or wrongful acts of drivers that violate our laws, we are ready to act for you.  With decades of combined legal experience and an unmatched track record of success, our personal injury attorneys at Rossetti, DeVoto, P.C. can help you get the compensation and justice you deserve. We will work diligently to ensure you are offered a fair settlement or win one in court.

Schedule your free, no-obligation consultation now with one of our lawyers by calling us at 856-354-0900 or filling out our online form.

Working remotely is a new concept for many people. Rarely would you find someone who often worked from home before COVID-19 unless they were self-employed? The workforce in America has had to figure out how to navigate working remotely. It is important to remember that despite no longer physically being in an office, you are still an employee. That means that by law you still have certain rights and protections. In fact, the laws of your state regarding labor laws still apply to you even if you are an employee working from home. If you are unsure of what the labor laws in your state are, contact a New Jersey workplace injury attorney to talk about the labor laws in your state.

There are a lot of other considerations that employers must take into account in terms of the rights of remote workers.

Work Time and Home Time

For instance, the employer may blur the lines between work time and home time. While your employer can monitor while you work, even from home, they must inform you of it. You also have the right to work the hours that you are scheduled for. Just because your office and your home are now the same places does not mean your employer can expect you to be available 24/7.

Additionally, you have a right to having a life outside of work and keeping your work and personal lives separate. If you feel your personal privacy has been violated either by excessive surveillance or a lack of respect for work hours, contact a New Jersey workplace injury lawyer. Specifically to discuss possible steps you can take.

Notices of Your Rights

If you are in the office less than three days a month, your employer has an obligation to provide you with documentation regarding posters with vital information that may be hanging in the office. They also must provide you with notices regarding your local, state, and federal rights as a worker. Contact a New Jersey workplace injury lawyer if you feel you have been misinformed. Or, uninformed about vital information regarding your rights as a worker.

Your Healthcare and Support

Just because you do not visit the office does not mean that your healthcare and safety support should be revoked. Just as you are covered if you worked in person, you are still covered if you work remotely. It does look different, though. Inspecting home offices is not a requirement that employers have to fulfill. However, employers are responsible for and health hazards that occur as a result. This is in cases if you need specific equipment or chemicals for your job.

If an accident does occur, you are still eligible for workers’ compensation for work-related injuries. You may want to define what these injuries may look like with your employer. This is due to the fact that you know what workers’ compensation will cover and what will it not.

Call a New Jersey Workplace Injury Attorney Today

If you have questions about what labor laws your company should be following, or believe one of your rights as an employee has been violated, contact a New Jersey workplace injury lawyer and talk to them today. Rossetti & Devoto, PC is a firm that has a multitude of New Jersey workplace injury lawyers on hand that can help you with any situation that may arise. Visit our website rossettidevoto.com or contact us at our Cherry Hill, New Brunswick, or Hackensack locations. Call us today at 856-354-0900 to schedule a free case evaluation.

When a person gets an injury through the fault or negligence of another person or company in New Jersey, they have legal recourse to file a claim. With this, they may seek compensation for the damages and medical costs associated with their accident. But what happens if the negligent party is the State of New Jersey? Or, another local public entity, such as a town, county or public agency? State and local public entities are entitled to protection from certain lawsuits; under a law known as the Tort Claims Act. This Act is codified under Title 59 of the New Jersey Statutes. It protects public entities from being sued in certain types of cases. Additionally, it limits the nature and degree in which they can be eligible for prosecution in other cases.

What is Title 59 and how does it affect personal injury claims?

Title 59 and the New Jersey Tort Claims Act

Title 59 preserves the common-law rule of “sovereign immunity”. This means that it protects the state of New Jersey and its agencies from prosecution. The Tort Claims Act, however, includes special areas where a prosecution for negligence is possible for a State or local public. That is, provided that the injured party complies with all aspects of the Act before filing a lawsuit.

Types of Claims Preserved Under Tort Claims Act

The most common claims preserved under the Tort Claims Act include:

• Dangerous conditions of public property;
• Automobile negligence caused by any State or local employee;
• Negligence of a public employee in carrying out his or her routine tasks as long as that employee is not immune from suit by other provisions under the Act.

Notice and filing a Claim Under Title 59

If you are injured due to the negligence of the state of New Jersey or one of its agencies, you may be entitled to file a claim under Title 59 of the New Jersey Tort Claims Act. Title 59:8-4 states that the following information is obligatory in any claim:

• Name and address of the claimant.
• Address where the individual bringing the claim desires to receive notices.
• The time, location and circumstances of the occurrence or transaction which gave rise to the claim asserted.
• Any names of the public employees who caused the injury or loss (if known).
• The monetary amount claimed as of the date of the presentation of the claim; including the estimated amount of any perspective (or future) injury, damage, or loss. Insofar as it may be known at the time the claim is presented together with what the basis for the computation of the amount claimed.

Most importantly, the Tort Claims Act requires Notice of your intent to sue within 90 days of the alleged incident. That means the public entity that you claim was negligent must be advised of the above-mentioned details within 90 days of its happening. This Notice is a requirement, even though the time period in which a person must actually file the lawsuit is generally two years. Some limited exceptions apply to this Notice provision that can extend the time period. But generally, if the correct public entity does not receive a timely notice within 90 days, your potential lawsuit will end up barred.

If You Get an Injury by a New Jersey State Employee, Seek Expert Legal Help Now

If you are the victim of someone’s negligence and feel you are owed compensation for your pain and suffering, you need an experienced and knowledgeable attorney on your side. This is especially true if the negligent party is an employee of the State of New Jersey. Or, other local public entity. Rossetti & DeVoto, PC is willing to assist you through the process of claiming compensation for your injuries. Our New Jersey personal injury attorneys will relentlessly fight for your rights, and make sure that you always come out on top.  Call us today at (844) 263-6260 for a free, no-obligation consultation.

LAW FIRM:

Rossetti & DeVoto, P.C. 20 Brace Road, Suite 115 Cherry Hill, NJ 08034 856.354-0900 856.354.0920 FAX

Website: RossettiDevoto.com

E-Mail: [email protected]

EDUCATION:

St. Joseph’s University, B.S. in Management, 1987

Ohio Northern University, Pettit College of Law, J.D., 1993

ADMITTED TO PRACTICE:

• United States Supreme Court • New Jersey Supreme Court • Pennsylvania Supreme Court • Third Circuit Court of Appeals • District of New Jersey

• Eastern District of Pennsylvania

HONORS AND AWARDS:

Trial Bar Award- October 16, 2024, by the Trial Attorneys of New Jersey for recognition of excellence to trial attorneys that have distinguished themselves in the cause of justice.

The Best Lawyers in America listing (2006-present).*

• Lawyers of the Year list, (2017, 2022 and 2024) Cherry Hill region.

“AV” rating by Martindale-Hubbell legal directory. Highest rating available for legal competence and ethical integrity. (Since September 4, 2003).*

Associate Member, American Board of Trial Advocates, South Jersey Chapter, 2016- present.

New Jersey Super Lawyers listing, (2006-present).*

Co-Chair- New Jersey State Bar Association, Medical Malpractice Committee 2018-2019.

Professional Lawyer of the Year (2011), Commission on Professionalism in the Law; Nominated by Trial Attorneys of New Jersey; Edison, New Jersey, October 4, 2011.

Top 40 Under 40. Twice included in the New Jersey Law Journal list as one of the top 40 attorneys in the state under the age of 40, August 26, 2002 and September 2004.*

Multi-Million Dollar Advocates Forum.*

Executive Editor, Ohio Northern University Law Review, 1992-1993.

Judicial Clerk, Honorable Marvin E. Schlosser, Superior Court of New Jersey, Burlington County, 1993-1994.

*No aspect of the advertisement has been approved by the Supreme Court of New Jersey

View Rating Methodology

CERTIFICATIONS:

Board Certified Civil Trial Advocate, National Board of Trial Advocacy (Since 2000)

Certified as a Civil Trial Attorney by the Supreme Court of New Jersey (Since 2001)

ORGANIZATIONS:

ABOTA: American Board of Trial Advocates, Associate (since 2016)

Trial Attorneys of New Jersey: – President (2007-2008) – President elect (2006-2007) – Vice President (2005-2006) – Vice President (2004- 2005) – Vice President (2003- 2004) – Secretary/Treasurer (2002 -2003)

-Board of Trustees (1999-2010)

The Association of Trial Lawyers of America

The Association of Trial Lawyers of America (NJ chapter)

Camden County Bar Association

Camden County Bar Foundation

Burlington County Bar Association

New Jersey State Bar Association

Trial Lawyers for Public Justice

Brain Injury Association of New Jersey, Inc. (2001)

COMMITTEES:

New Jersey State Bar Association: -Chair – Medical Malpractice Committee- 2018-2019

-Member- 2002 – present”

Burlington County Bar Association, Civil Practice Committee,  (1997 – present)

Camden County Bar Assoc., Personal Injury Law Committee. (1997 – present )

Trial Attorneys of New Jersey: – Membership Committee (1999-2002). – Website Committee-chair (2003-2008) – Publicity Committee-chair (2004-2008)

– Long Range Planning-member (2004-2005)

PUBLICATIONS:

DeVoto, Louis J., It’s All About Time, Devotion, and Passion, Inside the Minds: Domestic and International Litigation Strategies: Leading Lawyers on Trial Preparation, Risk Assessment, and Best Practices for Prosecution and Defense.
Aspatore Books. January 2007.

DeVoto, L.J., Kenney, J.A., Drafting Effective Trial Documents, ICLE (2002 and 2006)

DeVoto, Louis J., Defense Law Journal, Volume 44, No. 2 Injury on the Golf Course, 44 Def. L.J. No.2 (1995).

DeVoto, Louis J., Injury on the Golf Course: Regardless of your Handicap, Escaping Liability is Par for the Course, 24 Univ. of Toledo Law Review 859-882 (Summer 1993)

DeVoto, Louis J., When can Employees’ be Interviewed Ex-Parte? New Jersey Trial Lawyer, March 1993.

REPRESENTATIVE CASES:

Smith v. Fireworks By Girone, 180 N.J. 199 (2004)

Vassiliu v. Daimler Chrysler, 178 N.J. 286 (2004).

Vassiliu v. Daimler Chrysler, 356 N.J. Super. 447
(App. Div. 2002).

Vassiliu v. Daimler Chrysler, 356 N.J. Super. 546
(Law Div. 2000).

State of NJ v. Phillip Morris, assisted in the representation of the State of New Jersey, along with six other law firms. $7.2 Billion settlement.

State Farm Mutual Auto Ins. Co. v. Crocker, 288 N.J.Super. 250 (App. Div. 1996) (on behalf of defendant, Crocker).

State Farm Mutual Auto Ins. Co. v. Molino, 289 N.J.Super. 406 (App. Div. 1996) (on behalf of defendant, Molino).

Newman v. Cappello, 277 N.J.Super. 373 (Law Div.1994) (Law Clerk for Honorable Marvin E. Schlosser).

Shorter v. Leach, 277 N.J.Super. 617 (Law Div. 1994)(Law Clerk for Honorable Marvin E. Schlosser).

SEMINAR PRESENTATIONS:

“New Jersey Civil Case Law Update 2023/2024,” Presented for ICLE- New Jersey, Mt Laurel, March 2024.

“New Jersey Civil Case Law Update 2022/2023,”Presented for ICLE- New Jersey, Mt Laurel, March 2023.

“New Jersey Civil Case Law Update 2021/2022,” Presented for ICLE- New Jersey, Mt Laurel, March 2022.

“New Jersey Civil Case Law Update 2020/2021,”Presented for ICLE- New Jersey, Mt Laurel, March 2021.

“New Jersey Civil Case Law Update 2019/2020,” Presented for ICLE- New Jersey, Mt Laurel, March 2020.

“New Jersey Civil Case Law Update 2018/2019”, Presented for ICLE- New Jersey, Mt Laurel, March 2019.

“New Jersey Civil Case Law Update 2017/2018” Presented for ICLE- New Jersey, Mt Laurel, March 10, 2018.

“New Jersey Civil Case Law Update 2016/2017”, Presented for ICLE- New Jersey, Mt Laurel, March 2017.

“New Jersey Civil Case Law Update 2015/2016”, Presented for ICLE- New Jersey, Mt. Laurel, NJ, March 5, 2016.

“Civil Practice Update-2015”, Presented for Camden County Bar Association, Tavistock, NJ, November 4, 2015.

“Liability of State and Local Governments,” Presented for ICLE-NJ, Law Center, New Brunswick, NJ, October 29, 2015

“New Jersey Civil Case Law Update 2014/2015”, Presented for ICLE- New Jersey, Mt. Laurel, NJ, March 14, 2015.

“Civil Practice Update-2013”, Presented for Camden County Bar Association, Tavistock, NJ, January 7, 2015.

A Practical “How To” For Litigators, Presented for Camden County Bar Association, Tavistock Country Club, Haddonfield, NJ, May 21, 2014.

“New Jersey Civil Case Law Update 2013/2014”, Presented for ICLE- New Jersey, Mt. Laurel, NJ, March 15, 2014.

“Civil Practice Update-2013”, Presented for Camden County Bar Association, Tavistock, NJ, November, 2013.

“New Jersey Civil Case Law Update 2012/2013”, Presented for ICLE- New Jersey, Mt. Laurel, NJ, March 2012.

“Civil Practice Update-2012”, Presented for Camden County Bar Association, Voorhees, NJ, November 2012.

“New Jersey Civil Case Law Update 2011/2012”, Presented for ICLE- New Jersey, Mt. Laurel, NJ, March 2012.

“Civil Practice Update-2011”, Presented for Camden County Bar Association, Voorhees, NJ, November 7, 2011.

“Hot Tips for Civil Litigators”; Presented for ICLE-NJ, The Law Center, New Brunswick, NJ, September 17, 2011.

“New Jersey Civil Case Law Update 2010/2011”, Presented for ICLE- New Jersey, Mt. Laurel, NJ, March 2011.

“What’s New in Civil Practice?” Presented for Camden County Bar Association, Haddonfield, NJ, October 21, 2010.

“Keys to Jury Selection in a Civil Case”, Presented for ICLE-NJ, Voorhees, NJ, March 20, 2010

Hot Tips for Civil Litigators, “Selecting Your Best Jury”, Presented for ICLE-NJ, The Law Center, New Brunswick, NJ, September 12, 2009.

“History of Jury Selection and Voir Dire in New Jersey,” moderator, presented to Trial Attorneys of NJ, Essex County and Union County Bar Associations, Paradise Island, Bahamas, February 23, 2008.

“Litigating to Win Through Advanced Trial Advocacy”, speaker, presented to National Business Institute, Cherry Hill, New Jersey, January 23, 2008.

“Jury Selection & Perceptions,” speaker, presented for the Camden County Bar Association, Voorhees, New Jersey, February 27, 2007.

“Drafting Effective Trial Documents”, speaker, presented for ICLE-NJ, Mount Laurel, New Jersey, January 27, 2007.

“Legal and Ethical Issues Surrounding Bad Faith and Excess Verdicts”, panelist, presented for Trial Attorneys of New Jersey, Las Vegas, NV, April 1, 2006

“Essentials of Evidence”, speaker, presented for ICLE-NJ, New Brunswick, New Jersey, November 21, 2005.

“How the Experts Prepare for Trial” panelist ; presented for Trial Attorneys of New Jersey, Annual Conference, Long Boat Key, Florida March 4, 2005.

Closed Head Injuries, From Crash to Trial; Presented for Camden County Bar Association, NJ, February 23, 2005, Voorhees, NJ.

Civil Motion Practice; Presented for ICLE-NJ, Voorhees, NJ, January 2005.

“Rules of Evidence” panelist ; presented for TANJ Trial Attorneys of New Jersey, Annual Conference, Marco Island, Florida April 2004

“Medical Education for Lawyers”; New Techniques in Treating Injuries to the Spine, presented for ICLE-NJ, New Brunswick, NJ, March 27, 2004.

“Strengthening Your Case through Expert Witnesses”, presented for Camden County Bar Association, Voorhees, NJ October 22, 2003.

“Winning the Big Verdict” presented for ICLE-NJ, Voorhees, N.J. November 2003.

“The Art of Cross Examination” presented for ICLE-NJ, Civil Trial
Advocacy Summer Institute, New Brunswick, NJ. July 2003

“Experts by Experts” presented for ICLE-NJ in cooperation with the
Trial Attorneys of New Jersey, Sheraton, Woodbridge, NJ. April 2003

“The Medical Malpractice Litigation Crisis: What is the real story?”
presented at the Tenth Annual Statewide Paralegal Convention, Eatontown, NJ. March 2003

“Effectively Dealing with Those Cases which Keep You Awake at Night”, for ATLA-NJ, Boardwalk Seminar, Atlantic City, NJ. April 2002

“Drafting Effective Trial Documents” presented for
ICLE-NJ, New Jersey Law Center, New Brunswick, NJ. March 2002.

“Litigating the Closed Head Injury Case presented for Camden County Bar Association, Voorhees, NJ February 25, 2002

“Considerations During Opening Statements, Golden Opportunities for Plaintiffs’ Lawyers During Opening Statements, Things You Can Say and Things to Avoid” presented for ATLA-NJ, Boardwalk Seminar, Atlantic City, NJ, April 2001.

“What Every Paralegal Should Know About Preparing for Product Liability Trials” presented for the Eighth Annual Statewide Paralegal Convention, Eatontown, NJ, March, 2001

“Preparing and Using Demonstrative Evidence to Influence a Jury” presented for Camden County Bar Association, Cherry Hill, NJ, February, 2000

“Medical Chart Falsification – How Can You Stop the Fraud?” presented for Bancroft NeuroHealth’s NeuroHealth for the New Millenium, Philadelphia, PA, September, 1999

“The Complexities of Alternative Dispute Resolution” presented for ATLA-NJ, Advanced Support Staff Program, Boardwalk Seminar Atlantic City, NJ, April, 1999.

“HMO Litigation – under what circumstances can they be sued?” Presented for the Sixth Annual Garden State Paralegal Convention, Eatontown, NJ, March, 1999

“Demonstrative Evidence for Use During a Medical Negligence Case” presented for ATLA-NJ, Pines Manor, Edison, NJ, November, 1997.

“The Role of a Paralegal in a Personal Injury Practice” presented for Gloucester County College Paralegal Club, Gloucester County College, November, 1996.

TELEVISION APPEARANCES:

Law Talk, “Personal Injury”, Guest Speaker, Comcast Cable Television, Channel 2, November 22, 2005.

Comcast Daily News Live, “The John Cheney – John Bryant Controversy, A Legal Perspective to Intentional Injuries in Sports”, January 2005.

Legal Line, “Medical Mistakes”, WPSJ-TV, September, 2001

Appearance on Fox Network News, WTXF-TV, David Schratwiser Investigative report on “Store Dangers – Home Depot, February 11, 2001

Legal Line, “What to do if Your Product is Defective”. WPSJ-TV, December 7, 1999

PAPERS:

“The Importance of Medical Documentation in Brain Injury Cases”, Brain Injury Association of New Jersey Winter Newsletter, 1999

“Medical Chart Falsification – How Can You Stop the Fraud?” presented for Bancroft NeuroHealth’s NeuroHealth for the New Millenium, Philadelphia, PA, September, 1999

“HMO Litigation – under what circumstances can they be sued?” presented for the Sixth Annual Garden State Paralegal Convention, Eatontown, NJ March, 1999

COMMUNITY ACTIVITIES:

Saint Joan of Arc School, girls JV basketball coach, (2007-2010 and 2011–2013).

Marlton Recreation Council, youth baseball, soccer and hockey coach (2000-2007).

Board of Trustees, Bancroft NeuroHealth,
– Haddonfield, NJ (2001).

Board of Trustees, Bancroft Brain Injury Services Corp.,
– A Division of Bancroft NeuroHealth, Haddonfield, NJ. (1999 – 2001).

Shawnee Ice Hockey, Assistant Ice Hockey Coach, Metro High School Hockey League, Pennsauken, NJ (1999).

Read the article about analyzing a medical negligence claim written by Andrew J. Rossetti and John Kirby.

ANALYZING A MEDICAL NEGLIGENCE CLAIM

by

Andrew J. Rossetti, Esquire Board Certified Civil Trial Attorney Rossetti & DeVoto

Cherry Hill, NJ 08002

John Kirby, M.D. Board Certified Internist Cooper Physicians 1210 Brace Road Ste 102 Cherry Hill, NJ 08002

356-428-6616

March 22, 2002

INITIAL PHONE CALL

Damages, Damages, Damages

• Medical malpractice cases are very expensive to pursue. Therefore, the damages must be very large.
• Also, the injury must be serious and cause permanent disability.
• And, let the plaintiff tell their story.

Start the Statute of Limitations Analysis

• Rule of thumb is two years from when the plaintiff first knew or should have known he or she was a victim of malpractice

Tort Claims Notice

• In fact, state-owned hospitals and medical facilities as well as state-employed doctors, nurses and other state employees are all entitled to Notice of your intention to file a lawsuit against them within 90 days of the malpractice.
• So, how do you find out if the defendant is entitled to a tort claim notice? First, send notice regardless. For more information see www.NJINJURYLAW.com

INITIAL MEETING

Gathering information:

• Doctors and hospitals plaintiff has been to for this condition
• Preexisting conditions
• Family history
• Objective tests
• Also, family doctor
• And, medications
• Any unrelated medical conditions

OBTAINING MEDICAL RECORDS

• Firstly, the plaintiff must obtain the first set of medical records on their own.
• N.J. Administrative Code, Section NJAC 8:43G-15.3 requires that legible copies of medical records be produced within thirty days. The Code also states the copying charge is not to exceed $1.00 per page and a maximum of $200.00. So, if you are obtaining the records on behalf of a deceased person, you may need the plaintiff to be appointed as the Executor and/or Administrator of the estate before the records will be released.
• In fact, the lawyer should request records only after the plaintiff has obtained the first set. Therefore, this sets up a potential case for falsification of records.

WHAT IS NOT IN THE RECORDS

I. PATIENT RECORDS

1. Autopsy Records

a. Photographs b. Tissue specimens

c. Blood urine specimens

2. Pathology Specimens (Cancers, Placenta, Bacteria, etc.)

a. Microscopy slides b. Paraffin blocks

c. Frozen sections

3. Radiologic films

4. Photographs and films

a. Plastic surgery b. Risk Management c. Intra-operative d. 24 Hour EEG e. Echocardiogram

f. Sonogram

5. Computer Printouts and Graph Tracings

a. Electronic fetal monitor strips b. Electroencephalogram c. Electromyelograms d. Electrocardiograms

e. Laboratory

6. Logbooks

a. Emergency Department b. Labor and Delivery c. Surgery d. Laboratory

e. Pharmacy/Narcotics

7. Transmittal Forms

a. Billing requests b. Laboratory requests

c. Radiological requests

8. Ambulance Records

9. Health Insurance Records

10. Itemized Billing Statements

II. STANDARD OF CARE DOCUMENTS – GENERAL

1. Hospital/H.M.O. Articles of Incorporation, By-Laws, Mission Statements

2. Hospital Medical Staff Rules and Policies

3. Hospital Department Policies

4. Nursing Policies

5. Advertisements and Commercials

III. STANDARD OF CARE DOCUMENTS – SPECIFIC

1. Hospital Departmental Procedures and Protocols

2. Hospital Nursing Procedures and Protocols

3. Training Program Procedures and Protocols

a. Authoritative Texts

4. Risk Management Policies

IV. DOCUMENTS REGARDING INDIVIDUAL PHYSICIAN

1. Licensing Boards

2. Specialty Boards

3. Contracts of Employment

4. C.M.E. Records

5. Personnel Files/Payroll Records

V. MISCELLANEOUS

1. Census Reports

2. Medical Equipments Operating Manuals and Maintenance Records

EXPERT CONSULTATION

GOAL

• Rapid and cost-effective case triage
• The MD’s perspective (why a general internist?)
• The broad perspective of a general internist as initial contact person for the paralegal

THE PROCESS

Initial discussion with the legal team about medical negligence claim.

• Firstly, the medical expert educates the legal team concerning the medical facts.
• Do the facts warrant the expense of obtaining records? For example:
• A heart attack by symptoms with abnormal EKG missed by a family practitioner who attributed the findings to a muscular problem.
• A woman with known breast cancer who ignored physician urging to see an oncologist for 3 years, and ultimately had a poor reposed to chemotherapy.

Initial hospital or physician record review.

• Distillation of voluminous medical records into concise, easily understood prose
• Medical abbreviations and jargon eliminated
• Medical issues defined so the legal team can understand all issues involved and decide if they wish to pursue case

Research for Paralegals/Attorneys.

• Library based [translation of complex issues into plain English with provision of diagrams/figures for legal team]
• Internet-based [review of the origin of an obscure bacterium linking its presence in a surgical wound to incomplete sterilization of surgical instruments]
• Review of package inserts for pharmaceuticals [example: failure to use “Clot busting” medications on 80 year old stroke victim who develops right sided paralysis seems on the surface malpractice, but package insert states contraindication to use of these agents in those over 75 years of age]

• Review of radiographs with radiologist and/or pathology slides with pathologist

Identification of Pitfalls of Any Potential Malpractice Action
(The Defense’s Perspective)

• Identification of patient’s contributory negligence (non-compliance with instructions, medications, follow-up)
• Alternative explanation of the facts
• Analysis of strength of data (data obtained by placebo controlled double blinded trials stronger than consensus statements)(Example: “clot busting” medications not used to treat pulmonary embolism (blood clot in lungs) where patient dies. Consensus opinion say use medication but controlled trials say medication makes no difference in mortality)

Proximate Cause

• Most cases are won and lost on this issue
• Determining which health care professional/facility erred and whom to sue; assist legal team in selecting an expert witness
• Must be conversant on Scafidi issues

Getting Ready for Depositions/Trials

• Redefining issues
• Medical language explained in English
• Preparation of lists of questions for depositions or witnesses at trials
• Commentary/critique of defense expert written opinion and pre-trial deposition

PRE-SUIT DISCOVERY IF YOU CAN NOT GET THE RECORDS OR THEY ARE ILLEGIBLE

I. Petitioner must demonstrate extraordinary circumstances.

R. 4:11-1 provides:

(a) Petition.

A person who desires to perpetuate his or her own testimony or that of another person or preserve any evidence or to inspect documents or property or copy documents pursuant to R. 4:18-1 may file a verified petition, seeking an appropriate order, entitled in the petitioner’s name, showing:

1. that the petitioner expects to be a party to an action cognizable in a court of this State but is presently unable to bring it or cause it to be brought;

2. the subject matter of such action and the petitioner’s interest therein;

3. the facts which the petitioner desires to establish by the proposed testimony or evidence and the reasons for desiring to perpetuate or inspect it;

4. the names or a description of the persons the petitioner expects will be opposing parties and their addresses so far as known;

5. the names and addresses of the persons to be examined and the substance of the testimony which the petitioner expects to elicit from each; and

6. the names and addresses of the persons having control or custody of the documents or property to be inspected and a description thereof. The court may also grant a pre-complaint petition for depositions filed pursuant to this rule by a person asserting that due to extraordinary circumstances, which shall be explained in detail by affidavit, such depositions are necessary to enable compliance with N.J.S.A. 2A:53a-27 to 29 (Affidavit of Merit Statute).

Prior to the amendment to R. 4:11-1, the New Jersey Supreme Court addressed pre-suit discovery in Petition of Hall by and through Hall, 147 N.J. 379 (1997).

The facts of Hall were:

Hall was admitted to the emergency room at Burdette Tomlin Memorial Hospital on August 15, 1995 after a surfing accident in which he lacerated the jugular vein on the left side of his neck. During the surgery to repair the laceration, Hall suffered cardiac arrest and was without oxygen for more than ten minutes. Shortly after surgery, Dr. Robert Salasin, Hall’s surgeon, informed members of Hall’s family that he believed the cardiac arrest during surgery was caused by a problem with the endotracheal tube inserted in Hall to facilitate anesthesia.

The court held:

Pending receipt and implementation of the Civil Practice Committee’s recommendations,1 trial courts are authorized in exceptional circumstances to grant petitions for pre-suit discovery in malpractice cases if in their discretion they are persuaded, notwithstanding safeguards contained in the statute, that such relief is essential in order to permit the plaintiff to comply with the provisions of the Affidavit of Merit Statute.

MOST COMMON MALPRACTICE CASES AND MEDICAL NEGLIGENCE CLAIM

• Birth trauma injuries including cerebral palsy, Erb’s palsy, brachial plexus
• Failure to diagnose heart attacks
• Misdiagnosis/delayed diagnosis of cancer
• Nursing home malpractice
• Anesthesia malpractice
• Surgical Malpractice
• Hospital & HMO malpractice
• Failure to timely diagnose infections
• Inadequate emergency room care
• Spinal meningitis

INTERNET LINKS TO RESEARCH TO HELP YOU WITH YOUR MEDICAL NEGLIGENCE CLAIM

American Medical Association www.ama-assn.org

American Cancer Society www.cancer.org

Centers for Disease Control www.cdc.gov

Food & Drug Administration www.fda.gov

National Board of Medical Examiners www.nbme.org

The Mayo Clinic Health Library www.mayo.edu

Medline www.medline.com

New Jersey Board of Medical Examiners: Has your NJ doctor been disciplined? www.state.nj.us/lps/ca/bme/medfrm.htm

Pennsylvania Board of Medical Examiners: Has your PA doctor been disciplined? www.dos.state.pa.us/bpoa/discipline.htm

Medical Specialty Web Sites

Medical Terminology

http://mywebmd.com/encyclopedia

Large Listing of Medical Related Sites

http://www.sciencekomm.at/links/medicine.html

TRIAL EXHIBITS GOAL

• Make the case simple and understandable

• Four areas you must cover in your exhibits:

1. Timelines-to follow the important dates

2. The Deviation

3. Causation

4. Damages

Lou DeVoto and Andy Rossetti have been included in the New Jersey’s Best Lawyers list for Personal Injury Litigation. This is the 16th year in a row that each attorney has been listed in the elite rankings.

Rossetti & DeVoto, PC was included in the latest listing of the Bar Register of Preeminent Lawyers by Martindale-Hubbell, a ranking of distinguished law firms in America. Fewer than 5% of all law firms are included in the Bar Register.

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Lou and Andy have been included in The Best Lawyers in America list for 17 straight years. The Best Lawyers lists are compiled through an exhaustive peer-review survey in which thousands of the top lawyers in the U.S. confidentially evaluate their professional peers.

This unique referral guide is subscribed to by more than 4,000 of the leading law firms in the U.S. and abroad, and by more than 1,000 of the world’s largest corporations.

Because lawyers are not required or allowed to pay a fee for a basic listing, Best Lawyers has gained the respect of the legal profession, the media, and clients as the most reliable, unbiased source of legal referrals anywhere. It has received accolades from presidents of the American Bar Association, been frequently featured in the U.S. media and excerpted in more than 50 major metropolitan newspapers and magazines.

Best Lawyers also offers three additional recognitions. The first, “Lawyer of the Year” is given to individual attorneys who received the highest overall peer-feedback for a particular practice area and geographical location. Only one lawyer can be recognized as the “Lawyer of the Year” for each individual location and area of practice.

To learn more about Best Lawyers methodology, click here. 

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Both Mr. Rossetti and Mr. DeVoto have been included in the Super Lawyers list for 17 straight years.  Super Lawyers selects attorneys using a patented multiphase selection process. Peer nominations and evaluations are combined with independent research. Each candidate is evaluated on 12 indicators of peer recognition and professional achievement. Selections are made on an annual, state-by-state basis.

The objective is to create a credible, comprehensive and diverse listing of outstanding attorneys that can be used as a resource for attorneys and consumers searching for legal counsel. 

Super Lawyers is a patented multi step process that involves peer nomination, independent research, peer evaluations and final selection. Each year, Super Lawyers selects lawyers from across the country from all firm sizes and more than 70 practice areas. Lawyers are formally nominated by their peers or through the research process. Lawyers are unable to nominate themselves and must limit their nominations to their peers who practice within the same state. Super Lawyers tracks each unique nomination and prohibits anyone from soliciting nominations from other lawyers. Once a lawyer is nominated, he or she will become eligible for further evaluation and research. A lawyer is not guaranteed selection simply because he or she was nominated to Super Lawyers.

Super Lawyers conducts rigorous research to evaluate the lawyers who have been nominated to ensure they meet the 12 indicators of professional achievement and peer recognition. These include the lawyer’s experience, awards, their position within the law firm, pro bono and community service, scholarly writing and/or lectures, transactions, verdicts and settlements, bar and/or professional activity, special licenses and certifications, employment and educational background, representative clients, and other various outstanding achievements. The third step in the selection process includes peer evaluation by practice area. This is also referred to as the “blue ribbon review.” Through this, the candidates in each practice area with the highest total points accumulated from steps one and two are asked to serve on a blue ribbon panel. These panelists are given a list of candidates from their practice areas to evaluate and rate them on a scale of one to five. From there, candidates are grouped into four firm-size categories. Candidates with the highest total points from each category are selected. Only five percent of the total lawyers in the state are selected to Super Lawyers.

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Mr. Rossetti and Mr. DeVoto are Certified Civil Trial Attorneys as designated by the Supreme Court of New Jersey. Each has tried many civil cases to verdict including medical malpractice, defective products, vehicle crashes, construction site accidents, slip and fall, and nursing home neglect.

Certified civil trial attorney designations are granted by the New Jersey Supreme Court to attorneys, who are able to demonstrate efficient levels of experience, education, knowledge and skill in civil trial practice. Less than 2% of attorneys have the honor of this accreditation enabling them to advertise they have met the objective and rigorous standards approved by the U.S. Supreme Court and the American Bar Association.

What does it mean when an attorney is certified?

A certified attorney is more than just an attorney who specializes in a particular area of law. A New Jersey attorney who is certified by the Supreme Court as a civil trial attorney must have:

• Been a member in good standing of the New Jersey bar for over 5 years.
• Fulfilled ongoing continuing legal education requirements, i.e.: at least 45 hours of continuing legal education, relevant to the field of civil certification.
• Demonstrated a substantial level of experience in civil trial law.
• Been favorably evaluated by other attorneys and judges familiar with his work.
• Submitted a trial court brief or memorandum, relevant to the field in which you seek certification, prepared by you, and filed in a trial court within the past three years.
• Provided the names of ten to twelve attorneys and judges who have seen, and can objectively comment on, your trial skills within the past three years.
• Documented personal participation in at least 45 days of trial during which you served a lead counsel in at least 5 jury cases; substantially participated in at least 5 jury cases to verdict; conducted 25 direct and 25 cross-examination of lay witnesses; conducted 15 direct and 15 cross-examinations of expert witnesses, present at least 8 opening statements; presented at least 4 closing arguments; and conducted at least 5 voir dire jury examinations (in courts which do not permit counsel to conduct voir dire); submitted proposed jury questions for the court at least 10 times.
• Taken and passed a written examination in civil trial law.

The Multi-Million Dollar Advocates Forum is a prestigious group of top trial lawyers in the United States. Membership is limited to attorneys who have won million and multi-million-dollar verdicts and settlements and who pay a fee to be included in the forum.

The organization has begun in 1993 and now approximately has 3000 members throughout the country (and several members in Canada and England). Many of our members have achieved numerous million and multi-million-dollar results (several members have won billion dollar cases). Their practice areas include most areas of litigation, including: major personal injury, products liability, malpractice, construction, environmental, employment, insurance and business litigation. The common fact is that they have each demonstrated, in an objective and tangible way, their ability to accomplish superior results in complex cases. Certification by the Million Dollar Advocates Forum provides recognition of such accomplishment and a national network of experienced colleagues for information exchange, assistance and professional referral.  Both Mr. DeVoto and Mr. Rossetti are members of this prestigious group.

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The Bar Register of Preeminent Lawyers™

Rossetti & DeVoto, PC is included in the Bar Register of Preeminent Lawyers list, a definitive guide to distinguished law firms in America. For over 90 years, the Bar Register has been a unique guide to the legal community’s most eminent professionals. The firm has appeared annually for many years.

It includes only those select law practices that have earned the highest rating in the Martindale-Hubbell Law Directory and have been designated by their colleagues as preeminent in their field.

The Martindale-Hubbell Bar Register of Preeminent Lawyers is an invaluable reference for busy lawyers, support staff and other information professionals looking for the leading practitioners in a given location and practice area.

A further description of the selection methodology can be found directly below and at www.martindale.com/ratings-and-reviews/.

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Andy and Lou each maintain AV-preeminent ratings for legal ability and ethical standards by The Martindale-Hubbell® Peer Review Ratings™. Martindale-Hubbell ratings are an objective indicator of a lawyer’s high ethical standards and professional ability, generated from evaluations of lawyers by other members of the bar and the judiciary in the United States and Canada. The first review to establish a lawyer’s rating usually occurs three years after his/her first admission to the bar.

Martindale-Hubbell facilitates secure online Martindale-Hubbell Peer Review Ratings surveys of lawyers across multiple jurisdictions and geographic locations, in similar areas of practice as the lawyer being rated. Reviewers are asked to assess their colleagues’ general ethical standards and legal ability in a specific area of practice. The ratings appear in all formats of the Martindale-Hubbell® Law Directory, in the online listings on martindale.com®, Lawyers.comSM, on the Martindale-Hubbell services, on Martindale-Hubbell mobile apps.

The Ratings Explanation

Martindale-Hubbell® Peer Review Ratings™ reflect a combination of achieving a Very High General Ethical Standards rating and a Legal Ability numerical rating. A threshold number of responses is required to achieve a rating.

The General Ethical Standards rating denotes adherence to professional standards of conduct and ethics, reliability, diligence and other criteria relevant to the discharge of professional responsibilities. Those lawyers who meet the “Very High” criteria of General Ethical Standards can proceed to the next step in the ratings process – Legal Ability.

Legal Ability ratings are based on performance in five key areas, rated on a scale of 1 to 5 (with 1 being the lowest and 5 being the highest).

These areas are:

• Legal Knowledge – Lawyer’s familiarity with the laws governing his/her specific area of practice(s)
• Analytical Capabilities – Lawyer’s creativity in analyzing legal issues and applying technical knowledge
• Judgment – Lawyer’s demonstration of the salient factors that drive the outcome of a given case or issue.
• Communication Ability – Lawyer’s capability to communicate persuasively and credibly
• Legal Experience – Lawyer’s degree of experience in his/her specific area of practice(s)

The numeric ratings range may coincide with the appropriate Certification Mark:

• AV Preeminent® (4.5-5.0) – AV Preeminent® is a significant rating accomplishment – a testament to the fact that a lawyer’s peers rank him or her at the highest level of professional excellence.
• BV Distinguished® (3.0-4.4) – BV Distinguished® is an excellent rating for a lawyer with some experience. A widely respected mark of achievement, it differentiates a lawyer from his or her competition.
• Rated (1.0-2.9) – The Peer Review Rated designation demons..

A further description of the selection methodology can be found at www.martindale.com/ratings-and-reviews/.

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Rossetti & DeVoto, PC is included in Best Lawyers “Best Law Firms” listing by U.S. News & World Report. The rankings are based on a rigorous evaluation process that includes the collection of client and lawyer evaluations, peer review from leading attorneys in their field, and review of additional information provided by law firms as part of the formal submission process. To be eligible for a ranking in a particular practice area and metro region, a law firm must have at least one lawyer who is included in Best Lawyers in that particular practice area and metro. For more information on Best Lawyers, please visit bestlawyers.com.

A rigorous methodology is used for establishing the Best Law Firms.  Clients were asked to provide feedback on firm practice groups, addressing expertise, responsiveness, understanding of a business and its needs, cost-effectiveness, civility, and whether they would refer another client to the firm. Clients also had the option to write in the names of law firms they’ve worked with on other matters and within practice areas beyond those they were asked to comment on by the submitting firm. Some clients chose to write a comment about their experience with the law firm. These comments are for reference only and were not used as data points in the formal evaluation process.

Lawyers also voted on expertise, responsiveness, integrity, cost-effectiveness, whether they would refer a matter to a firm, and whether they consider a firm a worthy competitor. We asked this group to vote on law firms that have a preeminent national presence within specified legal practice area(s) they know well. For the second time, a Law Firm Leaders survey was implemented to provide personal insight on the legal landscape surrounding the nationally ranked practice areas. In addition to information from these surveys, the rankings incorporate the 5.5 million evaluations of 52,488 individual leading lawyers collected by Best Lawyers in its most recent annual survey.

In addition to lawyer and client feedback, law firms were asked to provide us with general demographic and background information on the law firm and attorneys, and other data that speaks to the strengths of a law firm’s practice areas.

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Thirty-four percent of all Americans work in the ‘gig economy’. The 21st century has brought new technology, new opportunities, and new challenges. Work is as old as agriculture, but the working world of today is wildly different from what it was even ten years ago. Telecommuting, Uber, and the new definition of the workplace have impacted a wide variety of people. The challenges people have are reflected in the law. Case law is constantly developing, and lawmakers institute new statutes every day to try and keep up with the times. As workers’ compensation lawyers, we want to help you stay informed. The New Jersey personal injury attorneys from Rossetti & DeVoto, PC explain when an injury is considered a workplace accident.

OSHA’s Basic Requirements

According to the Occupational Safety and Health Administration, an injury, illness or ailment is considered work-related if “an event or exposure in the work environment either caused or contributed to the resulting condition or significantly aggravated a pre-existing injury or illness.” This means that as long as you are working and you get hurt, there is a very good chance that you have a workers’ compensation case. It is the responsibility of your employer to make sure you are working in a safe environment. If they fail to undertake basic safety procedures, such as installing a life line system if this is required, then most workers should be able to receive compensation.

Exceptions to the Rule

There are some exceptions, however. If any of the following are true, then it is not necessarily a workers’ compensation case:

• The employee is there as a member of the general public, and not working at the time
• The injury surfaced at work but came from a non-work-related cause
• Or the injury or illness came from a voluntary program such as a blood drive or a basketball team
• The injury is a result of consuming food
• The employee was doing a personal task, such as grooming, at work
• The worker gets a mental illness
• The worker was commuting to or from work (with some exceptions)

In some cases, you can sue an employer if you became sick with something like the flu at work. It depends on the circumstances. For example, if you are working in an excessively cramped area or your workplace is constantly unhygienic, you may have a case. Getting the flu as a result of your coworker accidentally coughing on you probably would not be a strong case.

OSHA defines a work environment as a place where one or more workers do their jobs or are present as part of their employment. This can include physical locations and the equipment or materials used by the employee. Do you have questions about the policies and rules OSHA has in place for employers? It is in your best interest to speak with a New Jersey personal injury attorney from Rossetti & DeVoto, PC.

Control

Courts will look at employer control of the employee when they define if the case falls under workers’ compensation law. As we mentioned above, a crash on a regular commute from Cherry Hill into Philadelphia would probably not be workers’ compensation.

On the other hand, if an employee is traveling between two locations on the work premises, that could be grounds for a lawsuit. In addition, when an employer requires an employee to make special trips, the worker may have a case. You can get a better understanding of these types of situations by speaking to an experienced New Jersey personal injury attorney from Rossetti & DeVoto, PC.

The Gig Economy

People are attracted to the gig economy because it gives them flexibility. One of the biggest downsides is that employers have more leeway in denying people workers’ compensation. Those who drive for services like Lyft or perform similar work are usually independent contractors. Independent contractors have little when it comes to worker protections.

This is where the notion of control comes in. Exactly how much control companies like Uber or Glamsquad have over their contractors is still up for debate. A few cases are going through the courts right now.

If you are not sure if you are an independent contractor, it may be useful to check New Jersey’s Employee/Independent Contractor Checklist and review your contract. Also, be sure to read any application you come across thoroughly. Most job ads for independent contractors expressly state that if you are offered the position, you will be working it as a contractor. Some ads go as far as stating that you will not be eligible for benefits, workers’ compensation, or paid time off.

Injured on the Job? Call Rossetti & DeVoto, PC Today

When you have got an injury in a workplace accident, you may find it valuable to contact an experienced New Jersey personal injury attorney. They will be able to answer all of your questions. Understanding your case completely is important. Running the facts by legal counsel could help you know if you have a case.

The experienced attorneys of Rossetti & DeVoto, PC, want to help. If you have been hurt, you need a fighter in your corner. Our team is ready to work for you today. We offer free consultations, so contact us now using our online information form or call our office at (844) 263-6260. We have offices located in Cherry Hill, Hackensack, and New Brunswick to better serve our clients.

Entering a store or shopping center means that the retailer has a duty of care which is an obligation to reasonably avoid injury to any invitee. This includes staff, delivery drivers, contractors, wholesalers, and shoppers. When an accident does occur on-site, the retailer can be held liable for their actions or lack of actions. The injured party can seek damages for medical expenses, time off of work, as well as pain and suffering. In order to obtain appropriate compensation, you will need help from a New Jersey personal injury lawyer.

Store Premises and Negligence

It is important to know what constitutes store premises. In fact, it does not only consist of the main retail space like aisles, display areas, and checkout lanes. It also encompasses dressing rooms and restrooms. The parking lot and access walkways are also part of a store’s premises. When in a shopping center that has various stores, the parking lot and other access areas are property of the greater infrastructure.

This can cause some confusion on liability which is where a New Jersey personal injury attorney comes in. Said attorney will be able to determine the liable and negligent party.

Liability is the key in most personal injury cases and finding the appropriate party is critical to your case.

Causes of Accidents

There are some common causes of store accidents such as:

• Merchandise falling
• Sharp shelving and showcasing
• Spills on the floor
• Broken handrails on stairways
• Poor lighting in the parking lot
• Dangerous elevators or escalators
• Icy or poorly maintained sidewalks
• Malfunctioning shopping carts

These are the most common causes but an accident can occur at any time for any reason. When the accident could have been prevented, the responsible party must be held liable.

A simple ‘sorry’ is not enough. Injuries can be long-lasting and require months of physical therapy and medical procedures. You may end up with mountains of medical bills with no idea how to pay for them. A New Jersey personal injury attorney will be able to obtain compensation for those medical expenses and other damages depending on the facts of the case.

What to do After an Accident

If an accident occurs at a retail store or shopping center you should first check yourself and then call for help. If possible gather any evidence related to the incident like taking pictures of the area, speaking to witnesses, etc. In most cases, employees will be alerted to the incident and will then have the store manager file an incident report.

You should always seek medical assistance after an accident. You will then need to contact a New Jersey personal injury attorney. It is important to gather all relevant documentation and present it to your New Jersey personal injury lawyer during an initial consultation.

Contact a New Jersey Personal Injury Lawyer

If you have been involved in an accident at a shopping center or store, you will need the experienced team from Rossetti DeVoto, P.C. Our team has handled cases just like yours and is standing by to discuss your options. You can call our office at 856-475-6804 to schedule a consultation with our New Jersey personal injury lawyer.

Clostridium difficile is a dangerous bacterium that has been in the news quite a bit recently. Caused by poor hygiene, it can have devastating effects on the intestines of those afflicted. Here is what you need to know about the Clostridium difficile bacterium and medical malpractice claims.

What is Clostridium Difficile?

Clostridium difficile, also known as C. diff, is a bacterium that causes severe, life-threatening inflammation to the intestines, especially the colon. C. diff most commonly affects the elderly, particularly those in long-term care facilities or hospitals. Recent studies and reports, however, have shown the C. diff bacterium and the associated complications have been infecting much younger patients previously not considered high risk.

According to the Mayo Clinic, C. diff infections affect roughly 500,000 people in the United States, with more and more suffering severe complications each year.

Symptoms of C. Diff Infections

Mild to Moderate Infections

Most patients infected by C. diff experience minor to moderate symptoms. Moreover, these symptoms usually develop within a week to 10 days after antibiotics have been given, and include:

• Mild abdominal cramping
• Mild tenderness in the abdominal area
• Regular diarrhea lasting several days

Severe Infections

In severe cases of infection, which as previously noted are more common in older people, C. diff may result in hospitalization from complications. Acute infection can cause inflammation of the colon – also known as colitis – and can sometimes lead to intestinal bleeding. Other signs and symptoms include:

• Extreme diarrhea – up to 15 times a day
• Rapid heart rate
• Bloody or puss-filled stools
• Severe dehydration
• Nausea
• Weight loss
• Kidney failure

How is C. Diff Spread?

C. diff is commonly spread through human feces and then through contact with contaminated objects or individuals. When hospitals fail to provide adequate hygiene and cleanliness, patients can quickly become infected with this dangerous bacterium.

C. Diff Liability

As Clostridium difficile has been a hot-button topic in the news and media, awareness of the factors that lead to its spread has grown. In fact, cleanliness and proper precautions are essential for keeping this bacterium at bay. When hospitals or clinics fail to take these precautions, people get sick.

C. diff is especially dangerous for those in hospitals and the elderly because it often strikes after a course of antibiotics is administered. While antibiotics are great for killing bacteria, they often kill so many good bacteria in the body that it becomes especially susceptible to infectious strains such as C. diff.

Contact an Experienced New Jersey Malpractice Attorney Today

If you suspect you or a family member was infected with the C. diff bacterium – potentially leading to severe health issues – contact an experienced and knowledgeable medical malpractice attorney right away. C. diff has the power to destroy lives, but only if medical personnel fail to take the appropriate steps to ensure hygiene and cleanliness.

At Rosetti & DeVoto P.C., our knowledgeable team is expert in all facets of personal injury cases, including medical malpractice and hospital negligence. In fact, we work tirelessly for our clients and aggressively fight for their rights to get them the best result. Call us today at 844-263-6260 for a free consultation.

Lou DeVoto and Andy Rossetti have been included in the New Jersey’s Best Lawyers list for Personal Injury Litigation. This is the 16th year in a row that each attorney has been listed in the elite rankings.

Rossetti & DeVoto, PC was included in the latest listing of the Bar Register of Preeminent Lawyers by Martindale-Hubbell, a ranking of distinguished law firms in America. Fewer than 5% of all law firms are included in the Bar Register.

No aspect of the advertisement has been approved by the Supreme Court of New Jersey