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Malpractice Lawyers NJ-Banned Doc Pays Bigtime

Malpractice Lawyers NJ-Banned Doc Pays Bigtime

Malpractice Lawyers NJ-Banned Doc Pays Bigtime: Surgery Photo

Patricia Maze of Hopatcong New Jersey once suffered from back pain.  It was bad enough to prompt her to see a doctor, but not so bad that she couldn’t function.  So she went to a local anesthesiologist named Dr. Richard Kaul, who held himself out to the public as a specialist in “pain management.”

What Ms. Maze didn’t know was that Dr. Kaul had recently come to New Jersey from Great Britain, where he’d been convicted of negligent manslaughter for over-sedating and killing a dental patient. This incident apparently failed to humble Dr. Kaul, however, who figured his license to practice anesthesiology here in the United States entitled him to do spinal surgery as well.

So, in November of 2008, Patricia Maze submitted herself to spinal fusion surgery by Dr. Kaul at the Bergen Passaic Ambulatory Surgery Center in Clifton New Jersey, and emerged from the procedure unable to walk and bound to a wheelchair for the rest of her life.  From 5’4″ and fully functional, to 4’7″ and unable to speak or breath without difficulty due to the compression of her organs, Ms. Maze now suffers in a “living hell”, according to the evidence assembled in her civil suit recently settled in the Superior Court of New Jersey.

A trial had been scheduled, but the case was settled soon after Ms. Maze came into the courtroom during jury selection.  The exact terms of the settlement could not be disclosed due to a confidentiality agreement signed by both sides.

The New Jersey State Board of Medical Examiners has revoked Dr. Kaul’s license for performing surgeries without sufficient training and misrepresenting himself as “board-certified” in minimally invasive spinal surgery when in fact his only certification was in anesthesiology.

At this writing, Dr. Kaul faces several additional medical malpractice lawsuits in New Jersey, but despite it all, is said to remain defiant, promising to return to medical practice and expand his reach into other countries.  Heaven help us.

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Medical Malpractice Lawyers NJ Case Review

medical malpractice lawyers nj case review image of surgery

Like all New Jersey personal injury claims, a New Jersey medical malpractice claim arises from injury on account of negligence.  Unlike a driver who’s blown a stop sign, however, a medical malpractice matter involves the conduct of a healthcare professional whose actions are compared to the medical community’s accepted standards of care. 

Therefore, to prove that a particular doctor or nurse has been negligent, a qualified expert from the same medical specialty is typically required to render an opinion after review of the patient’s pertinent medical records.

If the expert finds negligence, the next question is whether the doctor or nurse’s negligence has done the patient harm. After all, we don’t normally seek medical care in the first place unless there’s already something wrong with us.

Sometimes, the injury caused by the negligence is obvious, even to the untrained layperson.  In other words, you don’t need an expert to know that leaving a scalpel inside a patient is unacceptable.  But most of the time, the connection between the negligence and the patient condition is not perfectly clear.  Instead, this connection is complicated by questions of causation –  did any or all of the patient’s ailments arise from a pre-existing injury or disease, rather than from acts of malpractice?  In such cases, another expert specializing in the particular injury is often required to establish a clear connection between that injury and the alleged medical negligence.

Finally, the attorney and his client need to carefully assess exactly what kind of harm has been caused by the medical malpractice. Is the client’s resulting injury slight or serious, permanent or temporary?  In fact, when evaluating the risks and rewards of prosecuting a medical malpractice claim, severity of injury is really the first and most important question.

Medical Malpractice Lawyers NJ Case Review

Legally speaking, any kind of harm caused by medical malpractice is eligible for compensation, but as a practical matter, one must carefully consider whether spending a lot of time and money on a risky and contested case would be worthwhile when the claim that has limited monetary value.  That said, If you believe you’ve got a worthwhile case, do not hesitate contact experienced Medical Malpractice Lawyers NJ immediately for a free consultation concerning the wisest course of action.

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