Potential Hospital Malpractice in New Jersey Adenovirus Outbreak

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Potential Hospital Malpractice in New Jersey Adenovirus Outbreak

Potential Hospital Malpractice in New Jersey Adenovirus OutbreakNew Jersey state health officials have finally begun to allow medically fragile children to return to the long-term care facility in Wanaque, where an adenovirus outbreak claimed 11 lives since the beginning of October. A story in North Jersey.com reports that three children have returned to the Wanaque facility after having been removed to an area hospital to recover from the virus.

Thirty-four children were affected by the adenovirus type 7 outbreak at the Wanaque Center for Nursing and Rehabilitation. After the outbreak occurred, the facility was barred by the New Jersey Department of Health from admitting any new patients. The facility is now permitted to re-admit patients on a case-by-case basis, which is subject to the approval of the NJ Health Department. The Health Department initially closed the facility to new admissions when it was discovered that their hand washing practices and infection control practices posed an “imminent and serious risk of harm” to the residents.

Adenovirus is not an especially virulent strain of virus, and most people who get sick from it recover after being ill for a few days. Not so, for medically fragile children who have respiratory or cardiac problems.

Hospital malpractice

A medical malpractice case can be filed by an injured person against a medical professional whose negligence caused the injury, but hospital malpractice is different. In a hospital malpractice case, the injured person would take legal action against the hospital itself for its failure to provide a level of patient care which comports with the accepted standard of care within the medical community. If the hospital’s negligence can be found to have caused the injury or death of a patient, he or she, or the surviving relatives, may have grounds for a hospital negligence lawsuit.

In many cases, the employment status of the medical professionals involved in the case could play a role in whether or not a hospital is liable. While most physicians are independent contractors and not direct employees of the hospital, hospitals are responsible for the conduct of their nurses, physician’s assistants and other medical technicians who interact with patients and administer care.

Examples of potential hospital malpractice cases

The following are a few examples of situations which could give rise to a hospital malpractice case:

  • Failure to properly treat an infection
  • Never events such as wrong site, wrong side, and/or wrong patient surgical errors
  • Botched procedures performed by unqualified medical personnel
  • Retained objects after surgery
  • Bedsores from negligent nursing care
  • Negligent wound care

Claiming hospital malpractice against the Wanaque Center for Nursing and Rehabilitation

The adenovirus can be spread much like other viruses by touching a contaminated person, a surface contaminated with the virus, or from airborne droplets from coughing and sneezing. In a center for medically fragile children, eliminating this contamination could be a matter of life or death.

At least one mom whose 15-year-old son was in critical condition from the adenovirus outbreak has filed a lawsuit against the facility, according to a story on CNN.com. The lawsuit alleges that the Wanaque facility neglected to provide adequate care and prevent the infection form spreading, and it further alleges that that facility failed to send patients to acute care hospitals in a timely manner or notify parents earlier when the outbreak first began.

You have a right to expect the highest standards of care in any medical facility and by any healthcare provider. If you or a loved one was injured because of medical or hospital negligence, please call the New Jersey injury lawyers at Eichen Crutchlow Zaslow, LLP at 732-384-1331, or contact us for a free consultation to discuss your case. Our offices are conveniently located in Edison, Red Bank, and Toms River, and we serve clients throughout the state of New Jersey.

 

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"The list is LONG of the wonderful things that I can say about Barry, Maria (his assistant) & the rest of the folks that I had the HONOR of spending time with during my case. I brought my case to another lawyer that told me that I have no case, yet Barry was not only able to WIN, but he WON a substantial amount! Lawyers have awful reputations, but Barry defies every single one of them! Barry Eichen genuinely CARES about his clients!! NOTHING was too much to ask for – there was no such thing as too many phone calls! Without a doubt, I was in the BEST HANDS with Barry as my attorney! I not only WON my lawsuit, but I also WON lifelong FRIENDS!"

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Eichen Crutchlow Zaslow, LLP
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2018-10-22T00:29:45+00:00

~ Client

"The list is LONG of the wonderful things that I can say about Barry, Maria (his assistant) & the rest of the folks that I had the HONOR of spending time with during my case. I brought my case to another lawyer that told me that I have no case, yet Barry was not only able to WIN, but he WON a substantial amount! Lawyers have awful reputations, but Barry defies every single one of them! Barry Eichen genuinely CARES about his clients!! NOTHING was too much to ask for – there was no such thing as too many phone calls! Without a doubt, I was in the BEST HANDS with Barry as my attorney! I not only WON my lawsuit, but I also WON lifelong FRIENDS!"

I have to say he is a great person.

"I had a bad accident back in June of 2015. My dad knows Barry. I have to say he is a great person. I was unsatisfied with some things that were happening with a previous lawyer and he made sure everything was fixed and I was satisfied. My lawyer Edward McElroy is great he answers emails in a timely matter even on weekends. I know they probably used to get annoyed with me calling all the time Lol. But I was just curious to what is going on with my case. Nicole, Ed’s secretary is great. She always responds back to my emails in a timely matter as well and even checks up on things with me from time to time. Barry recently became my mother and cousins Lawyer do to a bad accident they were involved in as well. I would highly recommend this firm. Thanks guys 🙂"

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Eichen Crutchlow Zaslow, LLP
5.0
2018-10-31T17:42:12+00:00

~ Client

"I had a bad accident back in June of 2015. My dad knows Barry. I have to say he is a great person. I was unsatisfied with some things that were happening with a previous lawyer and he made sure everything was fixed and I was satisfied. My lawyer Edward McElroy is great he answers emails in a timely matter even on weekends. I know they probably used to get annoyed with me calling all the time Lol. But I was just curious to what is going on with my case. Nicole, Ed’s secretary is great. She always responds back to my emails in a timely matter as well and even checks up on things with me from time to time. Barry recently became my mother and cousins Lawyer do to a bad accident they were involved in as well. I would highly recommend this firm. Thanks guys 🙂"

Mr. Zaslow is truly the best.

"The loss of my husband due to malpractice was and is devastating, Daryl took on our case and said, “Unfortunately I can’t bring your husband back but I can make sure that you will be ok financially,” and that is what he did , with compassion and dedication and always made feel like he had time for me, I never felt rushed or unimportant, I cannot say enough about how professional yet caring this office has treated me . Mr. Zaslow is truly the best at what he does and I can’t say enough about his secretary who not only kept me informed but listened to me during the most painful time of my life , all I can say is what a great team . Thank you Daryl for helping me . Thank you Heather for listening."

~ C.C.

Eichen Crutchlow Zaslow, LLP
5.0
2018-10-31T17:44:24+00:00

~ C.C.

"The loss of my husband due to malpractice was and is devastating, Daryl took on our case and said, “Unfortunately I can’t bring your husband back but I can make sure that you will be ok financially,” and that is what he did , with compassion and dedication and always made feel like he had time for me, I never felt rushed or unimportant, I cannot say enough about how professional yet caring this office has treated me . Mr. Zaslow is truly the best at what he does and I can’t say enough about his secretary who not only kept me informed but listened to me during the most painful time of my life , all I can say is what a great team . Thank you Daryl for helping me . Thank you Heather for listening."

Daryl Zaslow went to bat for him

"When, at age 44 my son suffered a massive Ischemic stroke, my greatest concern was how he would be able to live a normal life without the use of his speech and his arm. Daryl Zaslow went to bat for him and through his tireless efforts, his medical knowledge and his sincere concern for my son, Mr. Zaslow secured for my son a future not only without financial worries, but with hope and happiness. There are no words to express the thanks of our family to a great lawyer."

~ Client

Eichen Crutchlow Zaslow, LLP
5.0
2018-10-31T17:48:36+00:00

~ Client

"When, at age 44 my son suffered a massive Ischemic stroke, my greatest concern was how he would be able to live a normal life without the use of his speech and his arm. Daryl Zaslow went to bat for him and through his tireless efforts, his medical knowledge and his sincere concern for my son, Mr. Zaslow secured for my son a future not only without financial worries, but with hope and happiness. There are no words to express the thanks of our family to a great lawyer."

Very very pleased with the service and professionalism.

"Very very pleased with the service and professionalism of this law firm. I really felt that my case was very important to them and went to every length to achieve the best outcome possible. Or attorney really went to bat for me and his staff was very professional and courteous. Highly recommended. Thank you again for a great outcome !!"

~ M.M.

Eichen Crutchlow Zaslow, LLP
5.0
2018-10-31T17:51:39+00:00

~ M.M.

"Very very pleased with the service and professionalism of this law firm. I really felt that my case was very important to them and went to every length to achieve the best outcome possible. Or attorney really went to bat for me and his staff was very professional and courteous. Highly recommended. Thank you again for a great outcome !!"

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Eichen Crutchlow Zaslow, LLP
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2018-10-31T18:04:32+00:00

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"Great firm took me right in and sat with me and understood my case, unlike other attorneys I had seen. This is a 5 star firm."

I would highly recommend his firm.

"Mr. Eichen handled a motorcycle accident for me in 2002, as well as various other cases since that time. I have permanent injuries from that accident and he was able to resolve my case for the full policy limits and get me compensation as quickly as possible. I would highly recommend his firm."

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Eichen Crutchlow Zaslow, LLP
5.0
2018-10-31T18:07:23+00:00

~ Client

"Mr. Eichen handled a motorcycle accident for me in 2002, as well as various other cases since that time. I have permanent injuries from that accident and he was able to resolve my case for the full policy limits and get me compensation as quickly as possible. I would highly recommend his firm."
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