Our Atlantic City Attorneys Handle Medical Malpractice Appeals

The Atlantic City medical malpractice attorneys at the Atlantic City law firm of Targan & Pender, P.C. handle medical malpractice claims from intake to trial and on appeal. Medical malpractice law often involves complex and novel legal issues. We have fought on behalf of our clients at the Appellate Division and in the New Jersey Supreme Court. This work has benefitted our clients and has also helped to shape the law in New Jersey for others harmed by medical negligence.

For example, in 2010, the New Jersey Supreme Court issued a major decision on behalf of our clients that has helped keep open the courthouse to individuals harmed by medical negligence. The case involved a medical malpractice claim against a gastroenterologist, who performed a “routine” colonoscopy on our client, which resulted in a torn bowel that required emergency surgery. A large area of the bowel had to be removed due to the damage. The Supreme Court held that our expert, a board certified surgeon with vast experience in performing colonoscopies as well as surgically repairing bowels, could testify against the gastroenterologist. The Supreme Court recognized that doctors in certain specialties, including gastroenterologists, may not be willing to testify against one another in medical malpractice claims. The decision in this case allows patients to pursue meritorious malpractice claims, despite the reluctance, or silence, of doctors within a certain specialty.

Another Supreme Court decision in favor of our clients involved delayed diagnosis of cancer in a medical malpractice and wrongful death case. In that case, the Supreme Court upheld the jury verdict on behalf of our client, a doctor’s wife, whose stomach cancer went undiagnosed, despite repeated tests that clearly showed the problem. Ultimately, our client and her husband went to a doctor in Philadelphia with those same test results, and our client was immediately diagnosed and treated for the stomach cancer. Unfortunately, the long delay in diagnosis of the cancer cost our client a greater chance of survival or cure. Our client passed away before the trial. Her son continued the case in her memory. The jury decided the case in her favor; however, the defense attorneys convinced the trial court to vacate the jury verdict due to the size of the jury verdict and other issues. On appeal, the New Jersey Supreme Court found in favor of our client, upholding the jury’s verdict in its entirety.

The Appellate Division upheld the full jury verdict in favor of our client in another medical malpractice and wrongful death action. In that case, a surgeon removed the wrong side of our client’s large intestine. When the problem was recognized afterward, the surgeon had to take out the other portion of our client’s large intestine. Our client died a few days later, because he was unable to withstand the shock from two major abdominal surgeries. On appeal, the defendants argued that the jury’s verdict should be reduced. However, the Appellate Division upheld the full amount of the jury verdict in favor of our deceased client and his family. The Appellate Division rejected the argument that our client’s death was a “risk of procedure.” Again, this published Decision is part of the law of our state, and it has assisted others harmed by medical negligence and surgical errors.

The cases above are just a few examples of the commitment at Targan & Pender, P.C. to seek justice for our clients harmed by medical malpractice. If you or a loved one has suffered injury because of a healthcare professional’s negligence, contact our Atlantic City medical malpractice lawyers today for a consultation.