New Jersey Medical Malpractice Law Blog

A study has linked exposure to a chemical, chlorpyrifos, to brain abnormalities in children. Chlorpyrifos is a component of some pesticides, such as Dursban made by chemical giant Dow Chemical.

The pesticide is mostly used in agricultural areas. A restriction preventing use in residential areas has been in place for the past 12 years. Despite the ban in residential areas, some pregnant women have been exposed to the chemical in agricultural areas or by ingesting food tainted by pesticide residue containing chlorpyrifos. The children of these women have the harmful effects of the chemical passed on to them while still in the womb.

When New Jersey patients undergoing medical treatment are injured due to medical negligence, they may be able to file a medical malpractice lawsuit to recover damages. Many people think that medical malpractice lawsuits involve only doctors; in fact, medical malpractice can apply to all health care providers.

New Jersey medical malpractice claims apply to the negligent conduct of any medical personnel who provide health care, including doctors, nurses, physician's assistants, hospitals and other health care facilities and pharmaceutical companies.

Last year, New Jersey hospitals committed fewer medical mistakes than the national average. While the report on patient safety is positive, the fact that patient safety errors were committed means that hospitals in New Jersey still need to continue to improve policies and procedures.

The report that looked at patient safety in New Jersey hospitals and other hospitals across the nation was conducted by the Department of Health and Senior Services. The report counted the number of times hospitals violated patient safety, the frequency hospitals followed federal guidelines to treat heart attacks and the number of infections caused by hospitals. In the report patient safety issues were measured by the number of safety errors committed per 1,000 discharges and the lower the rate, the better the score.

Although hospitals in New Jersey fared better than the national average in the majority of patient safety measurement areas, New Jersey hospitals were behind the national average in some areas. For every 1,000 patients in New Jersey who had elective surgery, 14.45 patients suffered a serious bloodstream infection after surgery in comparison to 12.57 patients nationwide. Post-operation bloodstream infections referred to as post-operative sepsis can often be prevented if medical staff wash their hands. New Jersey hospitals also committed more patient safety errors during child labor and delivery than the national average.

You didn't expect it to be this way. Your child suffered a birth injury and now you think it may have led to cerebral palsy. You worry about the future, including the costs of caring for your child. Did medical malpractice cause your child's cerebral palsy, or was it something else?

What is cerebral palsy?

Cerebral palsy covers a ground of disorders - spastic paralysis, spastic quadriplegia, spastic hemiplegia and spastic diplegia. Children with cerebral palsy often show abnormalities that can include stiff muscles, weakness and abnormal movements. In addition to impaired movement, cerebral palsy can also cause intellectual disabilities, seizures, vision problems and hearing problems.