Filing a Medical Malpractice Claim in New Jersey: What Do You Need to Know?
Negligent doctors can cause serious harm to patients, which can be detrimental to their health. Our lawyers help patients throughout New Jersey, especially in Passaic, Hudson, Essex, Bergen, Morris, Sussex, and Middlesex Counties. Patients trust medical providers to take care of them, which can make it more shocking when medical malpractice has occurred.
New Jersey medical malpractice lawyers can provide valuable legal support if you have been a victim. They will advocate with various medical parties so your case receives a fair hearing and settlement.
Scura, Wigfield, Heyer, Stevens & Cammarota, LLP offers experienced representation when you need a malpractice attorney to navigate your claim against a doctor. The physical and financial stakes are often high in these types of cases, and we work diligently to help you recover compensation as swiftly as possible. A New Jersey personal injury lawyer protects your legal rights as a patient and works to create a customized plan forward for securing results.
What Constitutes Medical Malpractice in New Jersey and How a Malpractice Lawyer Can Help
Doctors are expected to maintain high standards of care when treating patients. This includes making sure all information is carefully checked, procedures are followed properly, and there is clear communication between doctors, medical staff, and patients. If a doctor is careless or reckless, they can make serious errors that can put patients at risk. This is known as medical malpractice.
While there may be times when errors are minor, medical errors also have the potential to cause catastrophic injuries or wrongful death. These cases can be complex, and the burden of proof is on the patient to demonstrate that medical malpractice occurred.
To effectively fight malpractice and secure a favorable outcome, it is essential to hire a personal injury lawyer when you are up against a healthcare provider’s legal team. Your medical malpractice attorney understands the legal process and what strategies to expect from the opposition.
Types of Medical Errors New Jersey Medical Malpractice Law Firms Can Assist With
Medical malpractice can take many forms and happen in multiple areas of healthcare operations. These mistakes can cause significant suffering for patients and liability risks for medical professionals.
- Misdiagnosis
- Failure to issue a correct diagnosis
- Failing to follow up in a timely manner
- Surgical errors
- Neglect
- Hospital-sourced infections
- Diagnostic and lab errors
- Medication errors and mixups
- Birth injuries
- Treatments that a patient does not need
- Unreasonable delays
- Lack of informed consent
These are just a few examples of the ways that medical professionals can fail to execute their responsibilities and provide substandard care instead. These actions can have profound ramifications on a patient’s health, including permanent damage.
Medical Malpractice Lawyers Determine How Errors Occurred in Your Case
Doctors see many patients every day and perform many operations. Fatigue and burnout can make it difficult for physicians to maintain the same level of care, increasing the risk of mistakes. High patient volume and demanding schedules can contribute to common causes of medical errors.
Communication errors inside hospitals and medical facilities are also common. Poor communication accounts for approximately 60% to 70% of adverse events. These failures can lead to serious misunderstandings and harmful outcomes for patients.
Medical errors can also stem from human error, inadequate training, staffing shortages, poor organization, and mix-ups in patient information. Technological failures, such as malfunctioning machines or cybersecurity issues, can also contribute to mistakes.
Report Medical Malpractice in New Jersey with Aid from a Malpractice Law Firm
If you or a loved one has suffered from a doctor’s negligence, it is important to hire a medical malpractice law firm and report the malpractice immediately. Allegations of malpractice can be reported to a medical facility’s administrators and/or the New Jersey Division of Consumer Affairs.
A New Jersey medical malpractice attorney can work with you to gather evidence of the malpractice and help you submit your claim. It is essential to keep thorough records of everything you have experienced.
Establishing Negligence and Liability
Holding doctors and medical staff liable for your injuries is a significant part of your case. Healthcare facilities often employ legal teams to defend against malpractice claims, which can put victims at a disadvantage without legal representation.
Your lawyer will demonstrate the following elements:
- Duty or Standard of Care: Physicians had a duty to adhere to accepted medical standards.
- Breach of Duty: The physician failed to meet those standards.
- Causation: The physician’s negligence directly caused your injury.
- Damages: The patient suffered losses such as medical expenses, pain, or reduced quality of life.
Affidavits of Merit Are Required in New Jersey
In New Jersey, the Affidavit of Merit (N.J.S.A. 2A:53A-27) is required in malpractice cases. This written statement from a qualified expert confirms there is a reasonable basis to believe that the defendant deviated from accepted professional standards.
The affidavit must generally be served within 60 days after the defendant files an answer to the lawsuit, with a possible extension of up to 60 additional days if good cause is shown.
If a plaintiff fails to provide the required affidavit, the case may be dismissed with prejudice, meaning it may be permanently dismissed.
Compensation in a Medical Malpractice Case
Victims of medical malpractice may recover compensation to cover losses related to negligent care.
- Medical tests and diagnostics
- Surgery costs
- Rehabilitation services
- Medications
- Lost income or earning potential
- Reduced quality of life
- Pain and suffering
- Emotional and psychological trauma
Statute of Limitations for Medical Malpractice in NJ
Victims generally have two years to file a medical malpractice claim in New Jersey under N.J.S.2A:14-2. However, there are exceptions for minors and certain discovery-based cases.
If the malpractice caused birth injuries, the lawsuit must typically be filed before the child turns 13. If a minor suffers an injury, the statute of limitations may be tolled until the child turns 18 unless a parent or guardian files earlier.
Frequently Asked Questions: Medical Malpractice in New Jersey
How long do I have to file a medical malpractice claim in NJ?
Generally two years from the date the injury occurred or was discovered, though exceptions apply.
What is an Affidavit of Merit?
An Affidavit of Merit is a sworn statement from a qualified medical expert confirming that there is a reasonable probability the care provided fell below accepted standards.
How much does it cost to hire a medical malpractice lawyer?
Many malpractice lawyers work on a contingency fee basis, meaning you pay nothing upfront and legal fees are only collected if your case is successful.
What damages can I recover?
- Economic Damages: Medical bills, lost wages, future rehabilitation costs.
- Non-Economic Damages: Pain and suffering, emotional distress, and loss of enjoyment of life.
- Wrongful Death: Funeral expenses and financial losses for surviving family members.
Protect Your Rights with an Experienced New Jersey Legal Team
Medical malpractice cases in New Jersey are complex and time sensitive. Whether you are dealing with a misdiagnosis or a surgical error in Passaic, Essex, Hudson, or Bergen County, you should not navigate the legal system alone.
At Scura Wigfield Heyer Stevens & Cammarota, LLP, we combine local expertise with an aggressive strategy to hold negligent parties accountable.
Schedule your free consultation today. Call us at 973-696-8391 or visit one of our offices in Wayne, Newark, Hackensack, Secaucus, Clifton, or Hoboken.
We offer a zero-risk contingency fee approach — you do not pay unless we win your case.