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Michael H. Foster

mfoster@stark-stark.com
856.874.4423

Michael H. Foster is a Shareholder and member of the Accident & Personal Injury Group. Mr. Foster handles all types of personal injury matters, but concentrates in representing seriously injured children, individuals with permanent spinal and orthopedic injuries and victims of commercial vehicle accidents. Mr. Foster has significant trial experience in State and Federal Court and has achieved numerous substantial jury verdicts throughout the state. He is a court appointed arbitrator and is regularly selected to serve as an arbitrator in uninsured motorist matters by other attorneys.

Entries authored by Michael H. Foster

Dangers of Pharmacist Errors

Posted by Michael H. Foster on December 05, 2012

I recently had a new client come into the office who was suffering from several significant medical issues. The cause of these issues was the medication he was taking. Unbeknownst to him when his prescription for acid reflux was filled by the pharmacist he was given the wrong medication. He was actually given a medication to treat a heart disorder instead. Because the pill color, size and shape was similar if not identical he took the wrong medication for a month before realizing the error. During this month he was experiencing symptoms and having problems which he never imagined were caused by the medicine provided to him by the pharmacy. He is still sick and as of now does not know if these symptoms will ever go away.

In the United States literally billions of prescriptions are filled annually in pharmacies. Some recent studies have suggested that up to five percent of all prescriptions filled contain errors. These pharmacy errors include negligence in dispensing, failure to give proper warnings or instructions, errors in labeling, errors in compounding, contaminating a prescribed drug and others. Perhaps the most common of these errors as was the case with my client are dispensing errors. Errors which can occur in dispensing include placing the medication in the wrong bag so that it is given to the wrong patient, the medication is labeled incorrectly or the chemist dispenses the incorrect dosage of the medication.

Unfortunately the negative effects of pharmacist or pharmacy errors are numerous. The implications are very serious since people rely on their correctly prescribed drugs to ensure their health and without these drugs are put in danger. Additionally the incorrect drug which has been received can cause serious health risks and dangers which places the persons health and well being in danger.

In New Jersey pursuant to State law the practice of pharmacy is declared a health care professional practice affecting the public health, safety and welfare and is subject to regulation and control in the public interest. The State recognizes that “Medication error” is a preventable event that may cause or lead to inappropriate use of a medication or patient harm. In New Jersey as in most states a pharmacists negligence in providing the wrong drug is actionable. It is only fair that public policy favors a tort scheme which encourages pharmacists to exercise great care in filling prescriptions. To not allow civil liability would be to remove one deterrent against the negligent dispensing of drugs. New Jersey Courts have followed the lead of others in declaring that the claim of a pharmacist providing the wrong drug is one involving “clear and palpable negligence.” In one instance the Court indicated that the deviation by a pharmacist who provides a drug different than the one prescribed is as clear as the deviation of a dentist who pulls the wrong tooth.

What this case shows is that you as the patient and the person receiving your drugs must be vigilant in making sure you are provided with the correct medication. Always check to make sure the drug received is the proper drug. Check that label and make sure the name of the person and the drug is correct. And check the pill itself to make sure it is the same one you know is correct. If you ever have a problem as a result of receiving the wrong drug immediately seek medical assistance. If the results or problems caused are serious to you then consult an attorney to preserve your legal rights. People trust not merely their health but in some instances their lives to the knowledge, care and prudence of pharmacists, and in some cases even a slight want of care can prove to be fatal. It is therefore proper and reasonable that the care required shall be proportioned to the danger involved.

Mike Foster is a Shareholder in Stark & Stark’s Marlton, New Jersey office, concentrating in Accident & Personal Injury Law. For more information, please contact Mr. Foster.

The Dangers of Driving with Worn Tires

Posted by Michael H. Foster on November 21, 2012

As an attorney who’s practice substantially involves motor vehicle accidents, vehicle safety is of significant importance to me. Unfortunately all too often many motor vehicle crashes which cause serious injury could have been avoided. One of the common contributing factors to motor vehicle crashes is vehicle maintenance. In every deposition I take concerning a crash I always ask questions concerning whether any malfunction or problem of the vehicle itself contributed to why there was an accident. It is not uncommon for the responsible party to place full or partial blame on problems with the car caused by lack of or improper maintenance of the vehicle.

Perhaps the most serious everyday maintenance issue effecting literally millions of drivers every day is driving on old or worn tires. The danger of driving on worn tires is very significant and in some cases can have catastrophic consequences. Your tires are literally the only thing holding your vehicle to the road that you are driving on. The tires of your car handle the power and movements of your vehicle, the stresses of the roads and all the different types of weather we encounter while driving. Unfortunately this is not something we as motorists consider or even think about when we get into our cars. Many drivers do not replace tires when needed or even realize they need to be replaced and this leads to many drivers using tires which cannot and do not perform optimally.

Some sources have indicated that 2 out of 3 drivers do not know how to tell if their tires are bald. The U.S. department of Transportation estimates that at least one in ten cars is driving with a bald tire, which equates to 23 million unsafe vehicles. Worn tires can lead to many unforeseen problems. It leads to heat build up which can lead to tire failure. It greatly increases the chance of tire blowout due to puncture. Worn tire tread causes hydroplaning. Worn tires need a longer stopping distance on all roads but wet roads especially. Worn tires can also lead to under inflation which adversely impacts steering and braking.

Driving on worn tires can and does lead to injuries and even fatalities. Tires that are in poor condition are a hazard to you and everyone else you encounter on the road. So remember one of the most important things you can do to keep yourself and the roads safe is to check your tires and maintain them regularly. The cost of new tires or maintaining your tires is small in comparison to the heavy cost inflicted every year when worn tires are ignored.

Mike Foster is a Shareholder in Stark & Stark’s Marlton, New Jersey office, concentrating in Accident & Personal Injury Law. For more information, please contact Mr. Foster.

Suing The Government: Time is of the Essence.

Posted by Michael H. Foster on November 14, 2012

On occasion people are injured as a result of the negligence of a governmental body such as the State, County, local Municipality or their employees. In New Jersey  these negligence claims are subject to a very specific set of laws contained in Title 59 “Claims Against Public Entities” and is known as the “Tort Claims Act” which must be followed and satisfied. These laws cover among other things; the time limitations in which the claim must be filed, the types of negligence that can be claimed, and the type of damage and/or injury required. If this ever happens to you it is imperative to contact an expert attorney experienced in handling these difficult cases immediately.

As discussed above there are very important time limitations which you must be aware of in order to pursue a claim. As most people know there is something called the Statute of Limitations which requires all types of claims to be filed within a certain time period after the incident happens. Generally in New Jersey the statute of limitations for most personal injury or negligence claims is two years. But when the potential negligent or responsible party is a public entity or governmental body as described above there are additional time requirements which must be satisfied.

Pursuant to New Jersey Statute 59:8-8 “A claim relating to a cause of action for death or for injury or damage to a person or to property shall be presented as provided in this chapter not later than the ninetieth day after accrual of the cause of action. The claimant shall be forever barred from recovering against a public entity or public employee if: (a.) He failed to file his claim with the public entity within 90 days of accrual of his claim ...” In essence the law provides that whenever you want to pursue a claim against a public entity you must file what is called a Tort Claim Notice within 90 days or be forever barred from pursuing that claim. There are limited exceptions to this rule but they can rarely be satisfied.

This law makes it imperative when you are injured by the negligence of a public entity to act promptly and without delay in making that claim. That fall in a pothole in the road, trip on the sidewalk, or motor vehicle accident with the town tax assessor may seem innocent enough, but you must notify the public entity involved of even the potential of a claim. Any delay could be the difference between a valid right to pursue a valuable claim and being barred forever from receiving compensation for your injuries caused by their negligence.

Mike Foster is a Shareholder in Stark & Stark’s Marlton, New Jersey office, concentrating in Accident & Personal Injury Law. For more information, please contact Mr. Foster.

Medical Fee Schedules: Pay Attention

Posted by Michael H. Foster on November 07, 2012

Many previous blogs on this site have discussed New Jersey Personal Injury Protection or PIP laws. Generally they provide that when you are injured in an automobile accident your automobile insurance is primarily responsible for paying your medical expenses up to the limits you have selected. One important aspect of the PIP laws in place to protect you the injured party and all consumers of insurance and medical services are the medical fee schedules.

Pursuant to New Jersey Statute 39:6A-4.6 and New Jersey Administrative Code section 11:3-29.4. “ ... the limit of liability for medically necessary expenses payable under PIP coverage is the fee set in this chapter.” As a result there is a detailed schedule of all medical procedures and the allowable charge under the law. But just because there is a set fee does not mean that is what the doctor or medical provider charges you the patient. In fact almost every time you receive a bill from a medical provider the charge listed on the bill is well in excess of the allowable fee schedule. Many times even though your insurance company has paid the doctor the required amount you as the patient continue to receive bills from the medical provider indicating an outstanding balance owed to them.

You and we as your attorney can fight back against this common occurrence. Pursuant to New Jersey Statute 39:6A- 4.6 c. and New Jersey Administrative Code section 11:3-29-5. “No health care provider may demand or request any payment from any person in excess of those permitted by the medical fee schedules established pursuant to this section, nor shall any person be liable to any health care provider for any amount of money which results from the charging of fees in excess of those permitted by the medical fee schedules established pursuant to this section.”

You as the patient must be vigilant in reviewing your bills and making sure you do not pay more then you are legally required to pay under the law. As an attorney I work together with my expertly trained staff to guard against excess medical billing and protect the rights and pockets of our clients. These laws are in place to protect you and there is no reason not to use them for exactly that purpose.

Mike Foster is a Shareholder in Stark & Stark’s Marlton, New Jersey office, concentrating in Accident & Personal Injury Law. For more information, please contact Mr. Foster.

Uninsured Driving: It Can Hurt You Too.

Posted by Michael H. Foster on October 31, 2012

Pursuant to New Jersey Statute 39:6B-1(a.) “Every owner or registered owner of a motor vehicle registered or principally garaged in this State shall maintain motor vehicle liability insurance coverage.”Driving without the mandated insurance coverage subjects the uninsured driver to serious financial penalties, causes automatic suspension of driving privileges, potential criminal ramifications and places them at serious risk of personal civil liability. In addition it also has some other unknown consequences that can be a severe penalty to the uninsured driver.

One generally unknown consequence of uninsured driving is its effect on potential civil personal injury claims of those drivers. Not only can uninsured drivers who cause accidents be sued personally for damages, but uninsured drivers who are actually not the cause of the accident are also subject to consequences. Pursuant to New Jersey Statute 39:6A-4.5(a.) “Any person who, at the time of an automobile accident resulting in injuries to that person, is required but fails to maintain the required insurance coverage, shall have no cause of action for recovery of economic or noneconomic loss sustained as a result of an accident while operating an uninsured automobile.”

The effect of this law is that even if you are not responsible for an accident but are proven to be the owner of and driving an uninsured auto at the time, you are barred from pursuing a claim for any injuries or damages you may have suffered during the accident. It also prohibits you from making a claim for medical expense benefits under any auto insurance policy as well. As an example, if you are driving your uninsured car and stopped at a red light and another driver smashes into your rear causing you serious injury, you would have no legal recourse against that negligent driver. In many cases this law prohibits what would otherwise have been a valid and significant civil damages claim against the other driver.

The mandatory automobile insurance law is designed not only to provide protections and coverage for others who you may negligently injure but also for your own protection.
Don’t risk others and more importantly yourself by ever operating an uninsured vehicle. Not only do uninsured drivers put themselves at risk of being personally liable to others they may injure but also place themselves in a situation where they are no longer afforded civil law protection from the negligent actions of others.

Mike Foster is a Shareholder in Stark & Stark’s Marlton, New Jersey office, concentrating in Accident & Personal Injury Law. For more information, please contact Mr. Foster.

Driving While Intoxicated: If That's not Bad Enough

Posted by Michael H. Foster on October 19, 2012

As we all know driving while intoxicated is never acceptable. It is a societal problem that is responsible for injury and death to thousands of innocent people every year. It carries with it severe criminal and financial penalties to the intoxicated driver. But it also has some other unknown consequences that can be a severe penalty to the intoxicated driver.

One generally unknown consequence of intoxicated driving is its effect on potential civil personal injury claims of those drivers. Not only can drunk drivers who cause accidents be sued civilly for damages, but intoxicated drivers who are actually not the cause of the accident are also subject to consequences. Pursuant to New Jersey Statute 39:6A-4.5(b) “Any person who is convicted of, or pleads guilty to, operating a motor vehicle in violation of the driving while intoxicated law, or a similar statute from any other jurisdiction, in connection with an accident, shall have no cause of action for recovery of economic or noneconomic loss sustained as a result of the accident.”

The effect of this law is that even if you are not responsible for an accident but are proven to be intoxicated at the time, you are barred from pursuing a claim for any injuries or damages you may have suffered during the accident. As an example, if you are intoxicated and stopped at a red light and another driver smashes into your rear causing you serious injury, you would have no legal recourse against that negligent driver if you are convicted of or plead guilty to drunk driving. In many cases this law prohibits what would otherwise have been a valid and significant civil damages claim against the other driver.

The moral of the story is that there is never a scenario of a so called  “innocent drunk driver.” Even when an intoxicated driver may be lucky enough to avoid seriously hurting somebody else, they still put themselves at risk of injury to themselves and also place themselves in a situation where they are no longer afforded civil law protection from the negligent actions of others.

Mike Foster is a Shareholder in Stark & Stark’s Marlton, New Jersey office, concentrating in Accident & Personal Injury Law. For more information, please contact Mr. Foster.

Rule of Professional Conduct Section 1.4: Effective Attorney-Client Communication

Posted by Michael H. Foster on March 28, 2012

One of the hallmarks of professional conduct is effective communication with your client. My practice as an attorney involves representing people who have been injured and who have had their lives disrupted by the negligence of others. One of the things these clients need and expect is an advocate for their issues and ear for their concerns. As a result I and my staff communicate daily with our clients. We are constantly on the phone, meeting with clients in the office, or speaking with others to help coordinate issues with insurance companies and doctors.

Because communication is so important, the Rules of Professional Conduct have a specific section on this issue. RPC 1.4 entitled “Communication” states as follows:

  1. A lawyer shall fully inform a prospective client of how, when, and where the client may communicate with the lawyer.
  2. A lawyer shall keep a client reasonably informed about the status of a matter and promptly comply with reasonable requests for information.
  3. A lawyer shall explain a matter to the extent reasonably necessary to permit the client to make informed decisions regarding the representation.
  4. When a lawyer knows that a client expects assistance not permitted by the Rules of Professional Conduct or other law; the lawyer shall advise the client of the relevant limitations on the lawyers conduct.

I abide by the above principles every day in my practice. In fact, I believe it is so important to go above and beyond what the Rule requires. It is a must to be truthful and honest with clients at all times. You must discuss the good and the bad and always ensure your client understands everything. Sometimes the most difficult conversations are the most important. By following these standards of ethical conduct and effective communication the client and the attorney will both be served well.

Mike Foster is a Shareholder in Stark & Stark’s Marlton, New Jersey office, specializing in Accident & Personal Injury Law. For more information, please contact Mr. Foster.

New Jersey Attorney's Must Follow The Rules of Professional Conduct

Posted by Michael H. Foster on March 21, 2012

As an attorney one of the things that is most important to me is my integrity and always, without exception, acting in an ethical manner. My conduct with my clients, the court, other attorneys and everyone I deal with must be above reproach. I would have it no other way.

This is not a choice an attorney can make. It is a standard we are ethically required to meet. In fact all attorneys, and even the practice of law, are governed by the Rules of Professional Conduct. These Rules are clearly stated in the Rules Governing the Courts of New Jersey. Each state has their own set of rules which follow the Canons of Professional Ethics and the Code of Professional Responsibility authored by the American Bar Association.

In New Jersey, as well as most other states, the conduct of attorneys is regulated by the Supreme Court. The rules provide clear, enforceable standards of behavior for attorneys. When an attorney violates these rules there are disciplinary consequences of varying degree. Over the next few blog entries I will discuss some of the most significant and important Ethical canons and rules of Professional Responsibility.

As a client who may someday rely upon the services of an attorney it is imperative you have the knowledge that your attorney will maintain the highest ethical standards. You should accept nothing less. Especially in my field of personal injury where sometimes people are skeptical to begin with; these standards of conduct are of even greater significance. The way that I prove and show my conduct to my clients is through effective communication. I and all the attorneys at this firm believe in diligently representing our clients and doing so in an ethical and professional manner.

Mike Foster is a Shareholder in Stark & Stark’s Marlton, New Jersey office, specializing in Accident & Personal Injury Law. For more information, please contact Mr. Foster.

Discovery in the Personal Injury case

Posted by Michael H. Foster on November 09, 2011

Once a legal complaint in a personal injury case is filed and served in New Jersey the discovery phase of the case begins. Discovery is the word used to describe the exchange of information and evidence between the parties to a lawsuit. Pursuant to New Jersey Court Rule 4:24-1 the time for completion of discovery and other pretrial proceedings in personal injury cases such as motor vehicle accidents, slip, trip or fall accidents and the like is 300 days. The period of discovery in somewhat more complex cases like medical malpractice and products liability is 450 days. In most cases extensions of the discovery period is also allowed if good cause is presented to the court. Additionally there are circumstances where discovery is extended significantly if there are exceptional circumstances that require it. Therefore as a personal injury client once a lawsuit is filed you can expect in general the discovery period to take anywhere from 1 year to 2 years in duration, or more in complex cases.

As the client you should expect several things to happen during the period of discovery. During this time the attorneys for all the parties will exchange all the evidential documents that will be relied upon in the case. This includes things like medical records and reports, police reports and other investigation materials to name just a few. In addition you as the client will be involved in several key aspects of the discovery. You will be asked to answer written questions called interrogatories dealing with how the accident happened, what injuries you sustained and what damages have been caused such as lost wages or similar things. You also will likely be required to attend a deposition which is a procedure where the attorneys can ask all the people involved questions in person about the accident and its consequences. In almost all cases you will be required to sign authorizations allowing the attorneys to get records from your doctors, your job and anything else related to the claim. Another common part of discovery is your requirement to attend medical exams with doctors the opposing attorney chooses to evaluate your medical condition.

These are just a few of the many things that occur during the court mandated discovery period. The attorneys are even more involved in exchange of information and many discovery procedures that do not require the direct involvement of the client. As the client it is important to understand what is happening and why during this 1 to 2 year period of time. What happens during the discovery phase is one of the most influential and important factors in the successful resolution of your case.

If you have questions regarding the discovery process, feel free to contact me here in my firm's Marlton, New Jersey office to discuss this matter in more detail.

How Long Will My Case Take?

Posted by Michael H. Foster on November 01, 2011

As a personal injury lawyer a question I hear at almost every initial meeting is “How long will my case take.” The answer I give is rarely satisfactory but is always honest. The answer I give is “as long as is necessary to achieve the best result for you.” The real answer in terms of time is “I do not know or I cannot say for sure.” Then I elaborate as to why that is the answer. The question is likely asked because when an accident and/or injury occurs it is normal for that person to want it to be over as quickly as possible. It is human nature to want bad and unfortunate things to be gone and over with. But as an attorney while I do try to resolve a case as quickly as practicable the ultimate goal is the best result possible not the quickest result possible.

There are many factors which contribute to how long a case will take. Probably the single biggest factor is the type and severity of injury that is suffered as a result of the incident. This is the case because it is normally not advisable to settle a case until the medical treatment associated with your case is done or at a minimum there is a known or final prognosis concerning your condition. A good attorney does not settle a case for a specific amount until they know that they have all the necessary information to determine the maximum value. The client is not served if their case is settled quickly but for less than they might receive by waiting a little longer. Ultimately the value of any case is based upon the actual damages and injuries that are suffered. This cannot be determined until the medical care is received and in most instances completed. Once completed then the attorney has to actually get the medical records and reports from all the doctors and medical providers. This all takes time and can be very different from one case to the next.

A second significant factor in resolving a case is the insurance company that is representing the responsible party. Each insurance company handles cases and claims differently. Some prefer to try and resolve cases early on while others try to drag every single case out to the bitter end. Some try to resolve certain types of claims whereas others have a corporate policy of taking every case to trial. In every case the insurance company goal is to try and pay the smallest amount possible. But the time frame in which an insurance company may make an offer is as varied as the number of companies that exist.

Another important factor is which attorney represents the responsible party. Just like the different insurance companies, different attorneys have variable methods of handling cases which take different periods of time. Whether a case can be settled before the filing of a lawsuit is also a major factor. Once a lawsuit is filed and the courts become involved then there are many court mandated procedures that take time and which the parties sometimes do not have control over.

There are a host of other factors that all contribute to the complexity of this simple question. What is the prior history of the claimant; in which court and jurisdiction will the case be filed; will the other party be disputing liability or not; will necessary witnesses be cooperative.

This short discussion has only scratched the surface as to the great number of factors that are involved in answering the age old question of  “How long will my case take. I believe the best and correct answer is “as long as is necessary to achieve the best result for the client.” If you have questions regarding the litigation process, feel free to contact me here in my firm's Marlton, New Jersey office with any questions you may have.

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