New Jersey Medical Malpractice LawsNew Jersey Legal News
If a care provider or medical facility, provided medication resulted in you sustaining serious injuries, you could be eligible to recover lost financial compensation for your associated damages by filing a medical malpractice claim. However, the medical malpractice laws in the Garden State are extremely complicated, and victims may have a difficult time understanding them completely. The requirement for holding a medical provider responsible for an instance of malpractice may seem extremely overwhelming. You will likely be unsure of how to gather the necessary evidence and create a case against a negligent health care provider. Luckily, you can seek out the help of a New Jersey medical malpractice lawyer who can provide you with guidance, support, and legal counsel as you attempt to hold a health care provider liable for negligence or medical errors. We want to help you understand how to go about filing a medical malpractice case and how to know if you have a strong claim.
Deadlines for Filing a Medical Malpractice Claim
When filing a medical malpractice claim, there is a finite amount of time available in order to actually file your claim. The statute of limitations for medical malpractice claims in New Jersey establishes a time limit of two years from the date of your injury or the date that you should have been aware of the injury. There are certain exceptions to this rule with cases involving minors or mental incompetency. In most cases, it is best to consult with an experienced New Jersey medical malpractice lawyer as soon as you can in order to protect your legal right to file a claim.
The Medical Provider Must Have Breached the Care Standard
For medical malpractice to happen, you have to provide evidence that the health care provider failed to exceed or meet the agreed medical standard of care. The medical standard of care is measured by what a reasonably trained practitioner, in the same practice as your medical provider, would have been expected to have done under similar circumstances. You should retain medical experts who are able to identify what the medical standard of care should have been for your unique case.
All Errors or Negligence Are Not Necessary Malpractice
For a case to rise to the level of medical malpractice, the negligent acts or medical errors made by the health care provider have to have resulted in injury or other damages. This means that, in order to successfully win a medical malpractice case, you are required to provide evidence that your injuries would not have happened if it weren’t for wrongdoing on part of the medical provider.
In order to file a medical malpractice claim, you have to submit an Affidavit of Merit signed by a medical expert stating that there is a reasonable probability that your injuries were caused by the negligence of a medical care provider or a medical error.
There Are Sometimes Caps on Medical Malpractice Cases
Monetary damages, such as medical costs or lost earnings, are not capped in a medical malpractice claim. You are able to claim any out-of-pocket expenses associated with your sustained injuries if you have adequate evidence to document your expenses. Non-economic damages are also unlimited for medical malpractice cases in New Jersey. This means that a jury is able to award you any amount for your “pain and suffering” damages based on evidence that you present when your case goes to trial.
If you are eligible to recover punitive damages, the amount you could recover for this type of damage will be capped under New Jersey law. The only cases eligible for punitive damages are those involving gross negligence or intentional acts.
Contact a New Jersey Medical Malpractice Attorney
Medical malpractice laws are often hard for victims to understand, and claims usually involve complex medical questions and legal theories. You need the help of an experienced New Mexico personal injury lawyer who understands the law and has the resources necessary to retain medical experts to work on your claim. You should schedule a consultation with a New Jersey medical malpractice attorney if you think you have grounds for a claim against a negligent medical provider. The advice of experienced legal counsel can increase your chances of recovering the compensation you deserve after being injured by a trusted health care provider.
Medical Malpractice Injuries in New Jersey
New Jersey, like many other states, has broad rules regarding medical malpractice claims. These cases can be difficult for victims to handle alone, especially when they are dealing with the aftermath of their injuries. Everyone wants to assume they can trust their health care professionals. However, medical malpractice is much more common than people realize. When one looks into the data, they will find out that medical malpractice is the third leading cause of death in the United States.
Each time we visit a medical facility, we are putting our lives in the hands of trusted physicians. We assume they are able to diagnose and treat our conditions effectively. Statistics show that nearly 225,000 lose their lives due to medical malpractice. However, only a slim number seek legal action for their injuries. In fact, only 2 percent of victims file suit against a negligent medical provider. Those who are injured in medical malpractice cases deserve to take legal action and regain compensation for damages associated with their injuries.
The firm of Brady, Brady, & Reilly, LLC understands New Jersey’s complex medical malpractice laws. We can help you hold a negligent physician liable for medical errors and other negligent acts. No one should fear being seriously injured due to the recklessness of a trusted medical physician. Fortunately, you don’t have to go it alone. We can help you through every step of the legal process and make sure that your legal rights are upheld. Contact us today at (201) 997-0030 to discuss your case today if you or a loved one has been seriously injured in a medical malpractice suit. We can help you gather evidence and create a case that will increase your chances of a successful outcome.