Law Office of Dr. Michael A. Quinn, DPM, JD, LLC 

Is there a fee or cost  for the initial consultation with Dr. Quinn?

No.

 

What services are available?

The focus of the law practice is medical malpractice litigation. This includes the representation of clients who have sustained injuries as the result of a doctor's negligence and/or malpractice.

Dr. Quinn makes himself available to other attorneys to assist them in the screening of cases to ensure that only valid cases are brought to court in an effort to weed out any “frivolous” lawsuits.  In addition, he is available during the preparation, discovery and trial of a case for attorneys.

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What types of cases does Dr. Quinn take?

While Dr. Quinn has a medical degree specializing in podiatry, it is important to recognize that his classroom training and residency training has exposed him to vast surgical and medical experiences beyond the treatment of the foot and ankle.  As such, Dr. Quinn does take on cases other than those related to the foot and ankle cases.  In fact, he has successfully litigated cases in many specialty areas including but not limited to general surgery, anesthesia, cardiology, orthopedic surgery, vascular surgery, neurosurgery.  Moreover, he has litigated cases involving paramedical specialties such as nursing, physician assistant, Certified Registered Nurse Anesthetist, as well as all types of nursing home negligence and abuse matters.

Can Michael A. Quinn, D.P.M., J.D. still represent me, even though he is located in New Jersey?  

In instances where Michael Quinn is consulted by a client or another attorney who representing their client outside of New Jersey, Dr. Quinn may provide a referral or associate with local counsel who is either personally known, or in whom  Dr. Quinn has confidence in being competent to manage  the case. In some cases, Dr. Quinn may continue to work with local counsel in preparing the case’s medical and legal research, motions, pleadings, discovery, and depositions and if needed, attain temporary privileges to practice law in that state through the legal concept of Pro Hac Vice.  

 

Is a patient entitled to copies of their medical records?

Yes. While the actual medical records are the property of the health care provider, patients are entitled to copies of all the information contained within their patient record. A patient will be required to sign and execute a release of medical information form to allow the release of their medical records and may be charged a reasonable fee for the reproduction and cost of mailing.

The New Jersey Administrative Code. N.J.A.C. 13:35 provides in part that physicians must prepare: "contemporaneous, permanent professional treatment records." These records shall contain the dates of treatment, the patient's complaints, the history taken by the physician, the findings made on physical examination, progress notes, orders for tests or consultations and the results of same, the diagnosis or impression, the treatment plan, including specific dosages of medications, and the identity of the provider of treatment. The records must be provided within 30 days after receipt of a request from a patient or authorized representative. N.J.A.C. 13:35-6.5(b)(3)(vii)(3) and N.J.A.C. 13:35-6.5(c)(1).  Likewise, a hospitals is required to provide a complete copy of the hospital chart within 30 days of the request. N.J.A.C. 8:43G-15.3(d).

 

How much may I be charged for my medical records?

In New Jersey a doctor may charge "$1.00 per page or $100.00 for the whole record, whichever is less." N.J.A.C. 13:35-6.5(c)(4).  Hospitals may only charge $1.00 per page for the first 100 pages, and $0.25 per page thereafter to a maximum charge of $200.00 for the entire record. N.J.A.C. 8:43G-15.3(d)(1).
The hospital must establish a policy of providing copies of medical records for patients who do not have the ability to pay. See N.J.A.C. 8:43G-15.3(d)(3).
 

How long must my medical record be maintained?

Pursuant to N.J.S.A. 26:8-5, the person in charge of a hospital is required to maintain a medical record for a period of 10 years following the most recent discharge of the patient or until the person reaches the age of 23, whichever is longer. The discharge summary shall be retained for a period of 20 years following the most recent discharge of the patient. X-ray films related to such confinement or any sized reproductions thereof, which maintain the clarity of the original, shall be retained by the custodian of records for a period of five years.

What is the Statute of Limitations?

Generally, The Statute of Limitations is the time period after which a lawsuit cannot be brought.

The Statute of Limitations varies by state - in medical malpractice cases, many states have a two year Statute of Limitations. Some states have Statutes of Limitation as short as one year, other states have Statutes of Limitation as long as three years or more.

In New Jersey, the Statute of Limitations for medical malpractice cases is generally  2 years.  This means that the lawsuit must be brought within two years from the time the patient, family member, or guardian knew or should have known with reasonable diligence that the injury occurred with a reasonable possibility that medical malpractice caused it, however under certain circumstances the statute of limitations can be expanded beyond 2 years. 

The rules about statutes of limitations can be changed by the legislature, and often altered by the appellate courts.  You should consult with an attorney experienced in medical malpractice litigation immediately if you think your potential case could have a statute of limitations issue.

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What is medical malpractice?

Medical malpractice is the failure of a medical provider to deliver care in accordance with proper medical or surgical standards of care.  A medical  professional must have acted in a manner that was not proper when compared to what other similarly trained professionals would have done in a like or similar circumstance.

Some examples include misdiagnosis,  delay in diagnosis; an error in performing surgery or selection of an improper  surgical procedure (including performance of unnecessary surgery); failure and delay in  properly recognizing and treating complications; and the failure to obtain the informed consent from a patient.

It is vitally important to separate malpractice from an unanticipated result or recognized complication.   The unsuccessful result from medical treatment or surgery does not necessarily mean that there was medical malpractice.

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What is an Affidavit of Merit?

In order to proceed with a lawsuit against a professional for claims of malpractice, the plaintiff must secure and serve an “Affidavit of Merit” from a qualified professional that essentially states that the care/treatment rendered probably fell below the standard of care.  This is set forth in the Affidavit of Merit Statute, N.J.S.A. 2A:53A-27 and is intended to prevent “frivolous” suits against licensed professionals.

 

Which types of medical professionals commit foot malpractice?

In addition to podiatrists, there are  many other medical specialties treat the foot, such as orthopedics, general practitioners, family doctors, primary care physicians, internists, dermatologists, plastic surgeons, radiologists, chiropractors, vascular surgeons, and emergency room doctors.

Likewise, patients can mal-practiced by non-surgical treatment or by para-professionals such as nurses and physical therapists who sometimes perform services beyond their scope of practice.  Even nail technicians in nail salons engage in the practice of medicine by pairing or cutting callouses, corns and nails. 

Who can bring a lawsuit for medical negligence?

When a patient is injured as a result of medical malpractice, the patient may bring suit. In some cases members of the patient's family including the patient’s spouse and/or children may bring a claim.  In the event the patient is not competent to pursue the claim, the matter can be brought to court by a legal representative.  In certain cases where the patient has died, the permitted plaintiffs may include the estate of the deceased person after appointment of a legal representative, a surviving spouse, and depending on the circumstances children or parents of the decedent.

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Who can be sued for medical malpractice?

Any medical provider who has caused injury  due to professional  negligence may be named as a defendant.  However, there are certain laws and requirements that must be complied with when bringing an a medical malpractice action such as the N.J. Affidavit of Merit Statute.  This statute as well as the Patient’s First act often go through revision by the legislature and ongoing interpretation by the court.
Health care professionals employed by Governmental Entities have different law. For example, a suit against a hospital owned by the state, city, county or county tax assessing district must be brought under the Tort Claims Act. A patient's claim is much more restricted both in what must be proven in order to establish legal responsibility as well as in the amount of damages that may be recovered. When a patient is injured in a hospital owned by the federal government, such as a Veterans Administration hospital, their lawsuit must be brought under the Federal Tort Claims Act.

 

What must I prove?

The plaintiff in a professional negligence case brought against a health care provider must provide sufficient evidence which the court and/or the jury to establish all three of the following elements:

1. Negligence

2. Proximate cause (that the negligence caused damage)

3. Damages

The inability to prove any one of these three elements, will result in the lawsuit being dismissed.
 

Negligence is defined as the failure to use ordinary care in a like or similar circumstance. Medical negligence is the failure of the provider to provide medical care in accordance with proper standards of care.  In other words, the plaintiff must  prove that a medical  professional acted in a manner that was not proper when compared to what other similarly trained professionals would have done in a like or similar circumstance.

Proximate cause is the concept which connects the negligence to the ultimate damages.  Plaintiff must prove that the health care provider's negligence  caused the plaintiff's injuries and that the injury suffered by the patient.

Damage is the harm and injury done to the patient that directly results from the health care provider's negligence. It is the physical, emotional and sometimes financial harm that the plaintiff incurred as a result of the malpractice.

How do I  prove my case?

In most cases, the prosecution of a successful case requires proof of medical negligence by way of expert testimony. A doctor who is licensed and certified, practicing now or in some cases at the time in question, and who is familiar with the appropriate standards of  care must testify that the professional standards were not met. The expert must establish what the standard(s) of care are and how the defendant, by his or her actions, violated the standard(s).

If the plaintiff does not introduce the required testimony from a qualified physician establishing the negligence element, the plaintiff’s case may be dismissed. The judge may take the case from the jury and enter a verdict or dismissal  against the plaintiff and the jury will never be allowed judge the defendant's conduct and actions.

Again, in most cases, proof of proximate cause requires expert testimony. A qualified physician (it may be the same expert or a treating doctor) must testify that to a reasonable degree of medical probability the negligence had caused plaintiff's injuries.  Also that in some cases the injuries would not have occurred if the defendant had followed proper medical practices.  In the event that plaintiff fails to demonstrate causation,  at the conclusion of the plaintiff's evidence the defense may move (make a motion to the judge)  for a verdict or dismissal if there is not adequate expert testimony of causation.

Through testimony, tax returns or wage records a plaintiff can prove lost earnings. The presence of physical pain or mental anguish normally comes from lay witnesses such as the plaintiff, family and friends. If there are medical expenses that were incurred, they are established by the bills and testimony of a medical expert who indicates that the charges were necessary and reasonable. Disability and future medical expense, may require the testimony of an expert witness.

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How long will my case take?

Depending on the complexity, it can take 2 to 4 years to bring a case to conclusion. The time varies due to a variety of factors such as the number of defendants involved, the number of proceedings, schedules of parties, experts and attorneys, as well as the county in which the case is filed along with any backlog in cases to be tried due to the availability of a judge. In the event the case is tried before a jury or judge and there is  a favorable outcome, a defendant may appeal. That appeal can prolong a case's conclusion by years.

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What is a contingency fee?

This is a form of payment to your attorney for their professional services for the work performed in the handling and management of your negligence case. The lawyer is paid for his services as a percentage of the ultimate settlement or verdict obtained in your case.

In New Jersey  a sliding scale is set forth by New Jersey Statute.  This is so that injured parties, who may not be able to afford an attorney on an hourly basis due to financial constraints and/or the inability to work due to their injury, may obtain access to an attorney and obtain representation in court.  Should the case prove to be unsuccessful, the attorney in a contingency fee agreement receives no reimbursement for their professional services, however the client continues to be responsible for the costs and expenses incurred.

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Who is responsible for the expenses in a malpractice case?

Generally, the client is ultimately responsible for the expenses of a lawsuit, including a medical malpractice lawsuit.

Your attorney may advance some of the costs and expenses incurred in the investigation, preparation, and trial of a medical malpractice case. If there is a successful outcome of your case, these expenses are then reimbursed to the attorney. Most states require that attorneys be reimbursed for the costs forwarded directly from their clients even in the event of an unsuccessful malpractice claim.

Litigation expenses can include  fees for filing and service, court reporter fees, medical record retrieval fees, travel fees (airfare, lodging, ground transportation), photocopying fees and exhibit preparation costs. In almost all  medical malpractice case,  at least one physician witness will need to be retained.  In total these can be quite substantial and include the doctors time to review the case, ongoing review, deposition costs, travel costs, and testimony at trial.