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Medical Malpractice and Abandonment: Seeking Redress

Location: Toms River  |  Law type: legal consultants-medical

I was with my pain management doctor for almost 8 years, he did my first surgery and he knew that he messed me up because he actually asked me if I was going to seek litigation back then. April of this year my medication was called in to ShopRite in toms River and it was different in luck in color than I was used to taking I was told by ShopRite that they were getting cheaper medication since they were bought out from a new company. Anyway I had an adverse reaction and all hell broke loose after that completely abandoned by my doctor with no medication no referral no records yet I don’t know if I’m so angry or heartbroken and he didn’t do it his mother did.

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The response provided below is specific to legal consultants-medical in the jurisdiction of Toms River. If the response is inadequate, please submit a detailed inquiry.

Medical Malpractice and Abandonment in Toms River: Seeking Redress

In the legal context of Toms River, when a physician or healthcare provider undertakes the care of a patient, they have a duty to continue providing care until it's no longer needed. When this care is terminated without good reason or proper notice, it may be considered patient abandonment. Coupled with potential medical malpractice from an earlier procedure, this situation becomes deeply complex.

Relevant Legal Statutes:

  • Medical Malpractice Statutes: Relevant sections concerning the duty of care, negligence, and the requisite standards.
  • Patient Abandonment Laws: Defines the duties and responsibilities of healthcare providers.
  • Pharmacy and Prescription Laws: Regulations about prescription medication, including the role of pharmacies in ensuring patients receive the correct medication.

For specifics, consider visiting the homepage of the New Jersey Department of Health for a comprehensive overview.

Potential Solutions:

  1. Seek Legal Counsel: It would be prudent to find the right lawyer who specializes in medical malpractice. They can evaluate the evidence, advise on the merits of the case, and potentially file a lawsuit.
  2. Report the Issue: Consider reporting the physician to the state medical board or relevant professional body, especially if there's evidence of misconduct.
  3. Mediation or Arbitration: Before pursuing litigation, consider arbitration and mediation as alternatives. They might offer a quicker and less expensive resolution.

Average Legal Service Costs in Toms River:

Legal Service Average Cost
Initial Consultation with a Medical Malpractice Lawyer $250 - $500
Full Representation for Medical Malpractice Case $5,000 - $30,000
Mediation Services $1,000 - $7,000
Arbitration Services $2,500 - $10,000

Please note, these are approximate figures. Actual costs can vary based on the complexity of the case and the experience of the attorney. Additionally, many medical malpractice lawyers work on a contingency basis, meaning they only get paid if you win.

Need More Information?

To provide the best advice and steps forward, could you offer more clarity on the adverse reactions you experienced?

Don't hesitate to act! If you believe you're a victim of medical malpractice or abandonment, ask a free legal question.

Relevant Questions to Consider:

  1. Have you informed any governing body about your situation?
  2. Did you experience any other complications apart from the adverse reaction to the medication?
  3. Were any other medical professionals involved in your treatment, and have you reached out to them for their perspectives?

Q1: What qualifies as medical malpractice in Toms River?

Medical malpractice occurs when a healthcare provider, through a negligent act or omission, causes injury to a patient. This might involve errors in diagnosis, treatment, aftercare, or health management.

Q2: What is the statute of limitations for medical malpractice cases in New Jersey?

Generally, you have two years from the date of the malpractice or from when you first became aware of the malpractice to file a lawsuit.

Q3: Can I sue a pharmacy for giving the wrong medication?

Yes, pharmacies can be held liable if their negligence leads to patient harm, such as providing the wrong medication or incorrect dosage.

Q4: How is patient abandonment defined?

Patient abandonment typically refers to a healthcare provider prematurely ending the patient-provider relationship without reasonable notice or a suitable alternative, leading to a lack of necessary medical care.

Q5: What damages can I seek in a medical malpractice lawsuit?

Damages can include medical expenses, pain and suffering, lost wages, and in severe cases, punitive damages.

Remember, the best way to navigate your specific situation is to compare lawyers in your area and seek specialized advice.


This content is for informational purposes only and does not establish an attorney-client relationship. It's always recommended to consult with a local attorney about your specific situation.

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