Archives for August 2012

Recovering Compensation for Dental Malpractice

When you seek treatment from a dentist, regardless of the nature of your condition, you expect that the dentist and the dentist’s office will provide a certain minimum level of care. Unfortunately, in far too many situations, that does not happen. Some studies show that 15% of medical malpractice claims include some level of dental malpractice. If you have been negligently cared for by a dental technician, a dentist or any employee at a dental office or dental care facility, you have a right to seek damages for all your losses.

What Does Dental Malpractice Look Like?

Many of the components of dental malpractice are similar to other types of medical malpractice. Dental malpractice can include:

  • Performing the wrong type of procedure, or working on the wrong tooth
  • Negligence in providing anesthesia
  • Failure to properly diagnose a condition, or misdiagnosis of a condition
  • Failure to use minimally accepted standards of care during a dental procedure

In a study conducted by the insurance company CNA, claims paid for dental malpractice between 2005 and 2008 were pretty equally divided. Cases involving crowns included 14.2% of all claims paid, while surgical extractions (13.7%), root canal therapy (13.6%) and simple extractions (12.1%) accounted for similar percentages of claims.

Common examples of dental malpractice injuries include:

  • Temporary or permanent loss of sensation in your tongue, jaw, chin or lips, including loss of sense of taste
  • Temporary or permanent structural injuries to chin, lips, tongue or jaw caused by negligence in surgical or other procedures
  • TMJ (temporo mandibular joint) problems caused by dental work
  • Failure to treat or diagnose oral cancer
  • Hypoxia or wrongful death due to negligent administration of anesthesia
  • Loss of teeth due to failure to diagnose or treat periodontal disease
  • Infection or injury resulting from misuse of dental tools, including drills, picks, lasers and implants

If, as a result of dental malpractice, you have been unable to work, have incurred significant medical expense, or have experienced substantial pain and suffering, you can seek damages for those losses.

Contact the Law Office of Taylor & Boguski

To schedule a free initial consultation with experienced New Jersey family law attorneys, contact Taylor & Boguski by e-mail. To learn more about our practice, visit our practice area overview page.

Seeking Worker’s Compensation for an Occupational Disease

Under the laws of the state of New Jersey, if you are injured on the job, and you are not an exempt employee, you must seek financial recovery for any losses through the state’s workers’ compensation system. An injury need not, however, be the result of a single traumatic event, such as a fall or the malfunction of machinery. You can seek compensation for any illness that arises because of your job or occupation. This blog post addresses the subject of occupational illness, identifying those circumstances where you have a right to file a workers’ compensation claim for a disease.

In occupational disease claims, it is typical that individuals working in the same area, exposed to the same conditions, will show symptoms of the same illness or disease. Under the laws of most states, there is a presumption that a disease is caused by conditions at work, and the burden of proof is on the employer to show otherwise.

Types of Occupational Disease Claims

The most common types of occupational diseases leading to workers’ compensation claims are lung and skin related conditions. Lung disease may result from exposure to particles in the air, whether inside or outside. In many occupations, where workers have been exposed to asbestos, workers’ compensation claims for asbestosis have been frequent. Black lung, silicosis and occupational asthma claims are also common in industrial workers.

Many modern work sites involve the use of chemicals and chemical compounds. Accordingly, certain occupations, such as hairdressing, golf course maintenance, printing and motor vehicle repair, involve regular concerns about skin or other diseases.

Other diseases that can be covered under state workers’ compensation laws include:

  • HIV or AIDS among medical workers exposed to the virus
  • Allergic reactions
  • Heart conditions or heart attacks resulting from stress or other conditions

With an occupational disease, if you had a condition prior to your employment that is aggravated by the work you do, you will typically be unable to recover workers’ compensation. For example, if you had a skin condition when you started your employment, and the work you are currently doing is aggravating that condition, you will not be able to recover workers’ compensation benefits if you can’t work.

Contact the Law Office of Taylor & Boguski

To schedule a free initial consultation with experienced New Jersey family law attorneys, contact Taylor & Boguski by e-mail. To learn more about our practice, visit our practice area overview page.

Protecting Your Rights in a Divorce Mediation

When you are involved in a marital dissolution in New Jersey, there are a number of different ways your differences can be resolved. You can take your disputes to court, asking a judge and/or jury to make decisions about child custody and visitation, child support, alimony and the division of marital debts and assets. Litigation can be expensive, though, and can be an extremely time-consuming process. You could seek to negotiate solutions to your disagreements, but that can be difficult as well, as you may feel that you have less bargaining power, or can be intimidated by your ex-spouse. An alternative that works for many people in New Jersey is divorce mediation. This blog post helps you identify ways to protect your interests in divorce mediation.

What Is Divorce Mediation?

In New Jersey, divorce mediation is a process whereby a third party, who represents neither spouse, acts as a facilitator, helping the parties identify and implement solutions that work for both of them. The mediator is typically someone with specialized knowledge about family law matters, who can make constructive suggestions to the parties regarding ways to settle their disputes. Parties can voluntarily agree to take their differences to mediation, or mediation can be ordered by the court.

How to Get the Best Results in Mediation

Mediation is designed to be a “win-win” process. It is not set up to determine who is right and who is wrong. Accordingly, going into the process with an open mind and a willingness to consider alternatives will likely enhance the chances that you will find a mutually beneficial solution.

The first thing to understand is that you don’t have to convince the mediator of anything. The mediator does not consider legal arguments, does not take testimony, and does not render any decisions. The person with whom you will have to work, and who you will need to help understand your position, is your ex-spouse. If you go in making demands, but not expressing any willingness to compromise, you will likely have little success.
It is also important to understand that, while a judge may compel you to take your differences to mediation, you are not required to resolve your disputes in mediation. You should never agree to something you don’t want simply because you believe that you have to settle your differences. All offers made in mediation are just that—offers to settle. You can always reject an offer. You can also walk away from mediation if you are feeling browbeaten or intimidated.

You will also have the best chance of resolving your controversies in mediation if you prepare in advance. Make a list of those things you must have, as well as those items that are negotiable. If something is non-negotiable, make certain you understand why.

Finally, remember that mediation about issues such as child custody, visitation and child support all affect your minor children. Be clear that what you are seeking is in their best interests, and always defer to this standard when evaluating offers from your ex-spouse.

Contact the Law Office of Taylor & Boguski

To schedule a free initial consultation with experienced New Jersey family law attorneys, contact Taylor & Boguski by e-mail. To learn more about our practice, visit our practice area overview page.