March 7, 2016 By

When you are expecting a child, you can read all the books you want, but you still have to depend on your doctor to ensure that you take all the right steps to ensure the health and safety of your unborn child. With proper testing and screening, your doctor can tell you if your child will likely be born with a birth defect, such as Down Syndrome, Spina Bifida or Sickle Cell Anemia. If your doctor fails to use reasonable care to either conduct appropriate screening, or negligently interprets test results, you may have a claim for “wrongful birth” of a special needs child.

There are a number of different types of screening tests you can have administered. Some are invasive, but many are not. If circumstances warrant, you may be a candidate for what is known as amniocentesis, or for chorionic villi sampling. With amniocentesis, the placenta must be punctured to obtain a sample of your amniotic fluid, which encapsulates the fetus. With chorionic villi sampling, medical professionals will take a sample of your chorionic tissue for screening.

The less invasive procedures include:

  • ultrasounds;
  • genetic tests;
  • nuchal translucency tests; and
  • maternal blood serum screening.

As a general rule, you should expect to have prenatal screening throughout the course of your pregnancy, starting in the first trimester. Some of the least invasive types of procedures can be conducted fairly early in your pregnancy, but can provide critical information about the potential viability of your pregnancy, or may be cause to engage in more complex testing and monitoring over the course of gestation.

If your child is born with what should have been a detectable birth defect, you may have a claim against the doctor for misreading test results or for failing to order necessary tests. You may also have a claim against a lab, if there was an error in administering the test.

Contact Taylor & Boguski

At Taylor & Boguski, we have more than 70 years of combined experience representing people across New Jersey with medical malpractice and personal injury matters. For a free initial consultation, send us an e-mail or call us at 856-200-8989.

Filed Under: Medical Malpractice, Personal Injury Tagged With: , , , , , , , , ,
February 29, 2016 By

Doctor taking notesWhen properly diagnosed and treated, jaundice (also known as Hyperbilirubinemia) is essentially harmless. It’s a fairly common condition in newborns, with some studies finding that as many as one in four infants have some level of jaundice. It’s caused by an overabundance of a protein—bilirubin—in the blood of a new baby, and is usually effectively treated with ultraviolet light. However, if not properly treated, it may build up to such a level that the protein stays in the brain cell of the infant, causing permanent brain damage (a condition known as “kernicterus”).

Studies show that all babies are at risk of jaundice immediately after birth. A premature birth may increase the risk of higher bilirubin levels, and research has shown that baby boys are more susceptible to the condition.

Though jaundice physically manifests in a yellow tint to the child’s skin (the condition is often referred to as “yellow jaundice”), all new babies should, as a matter of course, have bilirubin levels tested before leaving the hospital. It’s a simple blood test, usually done with a prick to the infant’s foot. If bilirubin levels are unacceptably high, the child should receive treatment at the hospital. It’s also customary to send a child home with portable UV lights, and have a home health care worker stop by and check the child’s levels on a daily basis.

If your child has been diagnosed with jaundice and is discharged to go home, he or she should have a scheduled follow-up with your treating physician, ideally within two days of leaving the hospital. It can also be beneficial to your child to be exposed to as much natural light as possible, so placing your child’s crib with exposure from natural sunlight (by a window) can be helpful. Many doctors will also recommend that you suspend breastfeeding until your child’s bilirubin levels have returned to acceptable levels.

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At Taylor & Boguski, we bring more than 70 years of combined legal experience to people throughout New Jersey. For a free initial consultation, contact our office online or call us at 856-200-8989.

Filed Under: Medical Malpractice
February 23, 2016 By

Medical Malpractice and Shoulder Dystocia

Doctor preparing for a proceedureWhen you are giving birth to a child, there’s always the possibility that, once the baby’s head is out of the birth canal, one of its shoulders will get caught on your pubic bone, a condition known as “Shoulder Dystocia.” If your delivering physician fails to take appropriate steps, your child can suffer very serious consequences, including damage to the brachial plexus nerves that control the shoulder, arms, hands and fingers. This can lead to loss of use or paralysis. In rare situations, shoulder Dystocia may impede the flow of blood and oxygen, causing brain damage, cerebral palsy or even death.

Erb’s Palsy and Klumpke’s Palsy

There are commonly accepted procedures that can ease the pressure on your baby’s shoulder and minimize the risk of injury. Often, though, delivering physicians will try to force the shoulder past the pubic bone. When this causes injury to the upper group of arm nerves, your child may be left with limited range of motion of the affected arm, or may not be able to raise the arm at all, a condition known medically as Erb-Duchenne palsy, or Erb’s palsy. If, however, the carelessness of the physician causes damage to the nerves/muscles in the forearm or the hand, your child may have limited or no use of hands or fingers. It’s also common for a child who has suffered injury because of shoulder Dystocia to have the damaged arm end up shorter.

There are medical procedures and treatments for both Erb’s and Klumpke’s palsies, but they can be extensive and expensive. Your child may benefit from nerve grafting or surgeries that cut and reposition bones, muscle or tendons. It’s likely, though, that your son or daughter will face years of physical therapy.

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At Taylor & Boguski, we bring more than 70 years of combined legal experience to men and women throughout New Jersey. For a free initial consultation, contact our office online or call us at 856-200-8989.

Filed Under: Personal Injury
February 16, 2016 By

Separated coupleIf your marriage isn’t working, the typical response is to legally end it by filing for divorce. There may, however, be reasons why you might want to file for legal separation without officially terminating the marriage.

What is Legal Separation?

A legal separation is often a precursor to divorce, allowing the parties to resolve all potential issues, such as custody and visitation, support, and property distribution, without officially ending the marriage. With a legal separation, the parties enter into a binding agreement that sets forth the terms of the separation. The agreement must generally be in writing, signed by both parties and witnessed by a licensed notary. Though most separation agreements simply address issues of custody, support and property, you can include provisions related to day care, insurance, mortgage and car payments and even tax returns. With a legal separation, there is no need to involve the court in any proceedings, unless one of the parties fails to honor the terms of the agreement.

Why Legal Separation Instead of Divorce?

Among the reasons you may want to consider legal separation instead of divorce are:

  • You or your spouse may be able to keep health insurance benefits (which are always terminated in the event of a divorce) through an employer’s plan
  • You can have the tax advantages of married filing jointly
  • You can become eligible for certain Social Security benefits if you remain married for at least 10 years
  • If you (and/or your spouse) are in the military, there can be benefits available under the Uniform Services Former Spouse Protection Act, provided you are married at least 10 years
  • Separation can give you time to reconcile without the permanency of divorce
  • If your faith prohibits divorce, you can stay true to your religious beliefs

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At Taylor & Boguski, we bring more than 70 years of combined legal experience to injured people throughout New Jersey. For a free initial consultation, contact our office online or call us at 856-200-8989.

Filed Under: Divorce, Divorce Mediation
February 10, 2016 By

Ways to Make Your Child’s Bicycle Safer

Family riding bikesKids just love to ride a bike, but statistics show that bicycling can be a potentially dangerous activity, with nearly half a million emergency room visits every year related to bike accidents. Though many of the accidents are the result of lack of supervision, authorities say that safety features (or lack thereof) can also contribute to accidents. Not surprisingly, the U.S. Consumer Safety Product Commission has a specific set of design guidelines that manufacturer’s must follow when selling or marketing bicycles, with special standards for children’s bicycles.

The CSPC determines whether a bicycle must comply with the standards set for children’s bikes by looking at the wheel size, with the safety regulations varying based on wheel size. As a general rule, bikes with a 12-16 inch wheel base (as compared to the full-sized 23 inch base) must have more built-in safety features, as their users, small children, will have less strength and coordination. Here are some of the guidelines:

Balance Bicycles

The most basic type of child bike is what is known as the “balance bike.” This bicycle has no pedals, gears or drive system at all. It is designed entirely to be propelled either by the child, or with assistance from an adult. These bikes are most often used by children under the age of four. Because they are not considered road bikes in any sense, they do not need brakes or reflectors.

Sidewalk Bikes

Balance bikes fall under the broader category of “sidewalk bikes,” which are generally not intended for use on roadways. As a general rule, these bikes don’t have a wheelbase larger than 12 inches. If the height of the seat is less than 22 inches, these bikes don’t need brakes. If the seat is higher than 22 inches, the bike must have a foot brake. These bikes are considered entry-level or training bikes, and should only be used by children under the age of five. They typically have training wheels and, if they have a chain, must also have a guard.

Contact Taylor & Boguski

At Taylor & Boguski, we bring more than 70 years of combined legal experience to injured people throughout New Jersey. For a free initial consultation, contact our office online or call us at 856-200-8989.

Filed Under: Bicycle Accidents
January 14, 2016 By

Torn Photo of married coupleIf your marriage is over, you can always file for divorce. But what about an annulment? What is an annulment and when is it an option?

What is an Annulment?

Technically, an annulment is a process that takes the parties back to before the marriage ostensibly took place—an annulment effectively cancels the marriage, legally concluding that there was no marriage. If the parties have any property, it goes first to the person who had legal title to the property. For jointly owned property, or for property which carries no title and which cannot be determined to be owned by one or the other, the property will be equally divided. If there are children, both parents retain parental rights.

When Can a Marriage be Annulled?

In New Jersey, there are a number of legitimate grounds for an annulment:

  • Age—If one or both of the parties were under the age of 18 at the time the marriage ceremony took place, either party can annul the marriage
  • Duress—If either one of the parties entered into the marriage as a result of a threat of physical violence, that party threatened may seek an annulment
  • Mental incapacity—If either lacks the ability to understand that he or she was married, or what marriage is, it can be annulled
  • Bigamy—If either one of the parties was already married at the time the ceremony took place, it is not legally binding
  • Impotence or infertility—If either party knew that he/she was impotent or infertile, and did not disclose that knowledge

    • , the other party may seek an annulment

  • Familial relationship of parties—If the parties are too closely related, as defined in New Jersey law, they cannot get married and any attempt to do so will be annulled
  • Fraud or misrepresentation—If one of the parties misrepresents or lies about a material element of the marriage—the desire to have children, status as an illegal immigrant, addiction, religious affiliation or belief, pregnancy—that can be the basis for an annulment

Contact Taylor & Boguski

At Taylor & Boguski, we have more than 70 years of combined experience representing injured workers across New Jersey. For a free initial consultation, /contact-us/ or call us at 856-200-8989.

Filed Under: Divorce, Divorce Mediation
January 7, 2016 By Leave a Comment

Under New Jersey law, you can name your health insurance provider as your PIP (personal injury protection) option for medical care in the event of a motor vehicle accident. If you do, that company will be the primary source to pay for any medical treatment required in an accident.

Choosing your health insurance company as primary provider in the event of a motor vehicle accident can minimize the total amount that you have to pay in insurance premiums, but there can be consequences to making that decision. Before you opt to designate your health insurance provider as your PIP option, you should consider the following issues:

  • Are you currently insured through Medicaid or Medicare? Under Medicaid and Medicare provisions, you cannot select either one as your primary provider for a motor vehicle accident. Medicaid and Medicare will only pay benefits if you have exceeded the PIP limits of liability on your auto policy.
  • Are motor vehicle accident injuries excluded from coverage on your health policy? Some health insurance policies specifically exclude any injuries sustained in a car accident. Check with your insurer.
  • Be certain you know deductibles, co-pays, limits and pre-certification requirements of your health insurance policy—Certain procedures may require pre-certification to qualify for reimbursement. In addition, any deductibles or co-pays apply to motor vehicle accident injuries.
  • What happens if your health insurance is terminated? You can look to your auto insurance provider if that happens, but you will have an additional $750 deductible that you’ll have to meet before you get reimbursement.

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At Taylor & Boguski, we bring more than 70 years of combined legal experience to injured people throughout New Jersey. For a free initial consultation, contact our office online or call us at 856-200-8989.

Filed Under: Personal Injury Tagged With: , , ,
November 5, 2015 By

Critics Say Intersection and Road Design Increase Risk to Pedestrians

BicycleIt’s become a far too common occurrence—a motorist parks on the street and opens the traffic-side door without looking, putting the open door directly in the path of an oncoming vehicle, or even worse, a cyclist. In a study conducted in Chicago earlier this decade, researchers found that “dooring crashes”—where bicyclist collided with the open door of a parked vehicle—accounted for almost one in five bicycle-related accidents (19.7%). A similar study in Boston found that about one in ten bicycle crashes involved “dooring.”

The problem is not a new one, though. Unbeknownst to most people, so-called “dooring laws” have been on the books in some states since 1956. Over the past 50 years, most states and many metropolitan areas have either enacted legislation requiring motorists to use reasonable care before disembarking from a vehicle, have mounted public service campaigns to make motorists more aware of the risks associated with opening a door into traffic, or have put both measures in place. Only ten states have no dooring law. All but two of the states with dooring laws also make it illegal to leave a door open longer than necessary to load or unload a vehicle.

Cycling advocates say that both the infrastructure that has been created for bicycling, as well as many new bicycling laws, have increased the risk of dooring accidents. For example, they point to the proliferation of bicycle lanes between road and curb, which may actually require that bicyclists ride in the path of an open door. Furthermore, some bicycle laws mandate that riders be as far to the right as possible, placing them directly in the door zone.

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At Taylor & Boguski, we bring more than 70 years of combined legal experience to injured people throughout New Jersey. For a free initial consultation, contact our office online or call us at 856-234-2233.

Filed Under: Bicycle Accidents, Personal Injury
November 5, 2015 By

The New Jersey Traumatic Brain Injury Fund – An Overview

Brain diagramIf you or someone you love has suffered a traumatic brain injury (TBI), your needs can be great. You may require long-term and constant care, may need to have your home retrofitted to meet your needs, and may have to have in-home continual care. When insurance, public assistance and personal resources are inadequate to meet your needs, the state of New Jersey offers help through the Traumatic Brain Injury (TBI) Fund.

To be eligible for assistance through the TBI Fund, you must first have medical proof of a traumatic brain injury. The injury can be open or closed head, but you must be able to demonstrate impairment of brain function. Furthermore, the brain injury must be the result of trauma—congenital or degenerative conditions will not qualify you for benefits. In addition, you must document that you have been a legal resident in New Jersey for at least three months (90 days), and that you have liquid assets (bank accounts, CDs, stocks and bonds) of no more than $100,000.

If you qualify for help from the TBI Fund, you can seek money for a number of services or needs, including:

  • Neurological treatment or cognitive therapy
  • Speech, occupational or physical therapy
  • Home remodeling
  • Medication
  • In-home assistive technology

To initiate an application for benefits, you can contact the TBI Fund program manager in Mercerville, New Jersey. As a general rule, once you have submitted an application for benefits, you will be assigned a case manager, who will determine both your needs and your eligibility.

Contact Our Office

At Taylor & Boguski, we bring more than 70 years of combined legal experience to injured people throughout New Jersey. For a free initial consultation, contact our office online or call us at 856-234-2233.

Filed Under: Personal Injury
November 5, 2015 By

Divorce Mediation – How It Works

Mortgage negotiationIf you have concluded that it’s time to end your marriage, but you don’t perceive the need for a lengthy battle over custody, support or property, or you just want to amicably terminate the relationship, you may be a good candidate for divorce mediation. Here’s how the process works.

The first step is to identify and hire a neutral third party. Often, that will be an attorney who has been trained in mediation. It’s important to understand that the attorney does not represent either party to the mediation, but is tasked with helping both parties identify and implement mutually beneficial solutions to disagreements about custody and visitation, support and property matters.

The mediator is not a judge, either. Accordingly, the mediator won’t take testimony from witnesses, won’t consider evidence, and won’t issue any type of ruling as to who should “win” or “lose.” Though the mediator will want to hear a detailed version of the facts from both parties, the reason for doing so is to help the mediator identify what the parties need and what they might be willing to concede, so that a resolution can be crafted that both parties can accept.

The divorce mediation process typically takes far less time than litigation. First, there’s no need for an extensive “discovery” period, where the parties seek to gather and assess as much evidence as possible. The mediator will be more focused on how the parties can move forward than on what happened in the past. Additionally, you won’t have to wait months to get on the court’s docket. In most instances, mediation can be scheduled within weeks or a couple months. Furthermore, because the mediator doesn’t take testimony, the actual process is fairly short. Most divorce mediation can be completed in a day or two.

Because there’s far less time involved in the process, mediation is usually significantly less expensive than litigation. Though you can (and often will) be represented by counsel in mediation, the preparation is less time-consuming, reducing legal costs.

A final advantage to divorce mediation—it gives you a greater involvement and say in the outcome. As you work through the mediation process, you can always reject a proposal from your soon-to-be ex-spouse, and can always counter with a proposal of your own. With a good mediator, you won’t have to worry about intimidation or duress from your spouse—the mediator should perceive what’s going on and protect your interests.

Contact Us

At Taylor & Boguski, we bring more than 70 years of combined legal experience to people throughout New Jersey. For a free initial consultation, contact our office online or call us at 856-234-2233.

Filed Under: Divorce Mediation
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