Craig Pogosky

  • New Jersey
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Jurisdictions Admitted to Practice
New Jersey
Professional Associations
New Jersey State Bar # 024461986
Member
- Current
Legal Answers
2 Questions Answered

Q. Can I take any legal action for an injury that occurred in January of last year?
A: It sounds like you may have two different kinds of actions. One is under the workers' compensation law of your state if you were in the course of your employment, which it sounds like you were, and a second action against the owner &/or tenant of the group home for failing to maintain the premises in a safe condition for invitees such as yourself. You should find an attorney who does both personal injury and workers' compensation law you can best advise you as to the laws of your state and make sure you meet the particular rules of that state to bring the claim. You should not delay as there may be notice requirements and/or statutes of limitations that would bar your claim if you do not act in time.
Q. Hi! I would like to know if I have a case for product liability for a broken screw from my spinal stenosis surgery ?
A: I'm sorry to hear about the difficulty you are experiencing. Obviously, you need to have confidence with the medical advice you are receiving. If you doubt the advice, you should get a second opinion from a qualified orthopedic back surgeon. It is not unheard of that screws can break after orthopedic surgical cases, however, should a piece dislodge it could cause complications. There has been recent attention in the media with regards to physicians in certain areas using poor quality foreign screws to save money. Should you need additional surgery, you should ask the doctor who is doing it to retrieve it and keep it for you so you can investigate whether it was defective. It may also be marked with identifying information as to the manufacturer. Finally, you should discuss the matter with the doctor suggesting the surgery about the frequency of such events, and whether he feels the screw was appropriate. Your treating doctor is a good place to start in getting basic information from as to whether you have a viable claim against anyone. I hope you find relief in the near future.
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