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Medical Malpractice in New Jersey
There are a lot of times patients are mistreated by health practitioners and administrators, and some of these patients choose to seek a redress. In Jersey City, there are considerable amounts of life-threatening mistakes committed by NJ doctors and nurses during the course of medical treatment.Many of these patients would benefit from the services of a firm such as ours.
What Does Medical Malpractice Mean?
In law, terms like medical negligence and medical malpractice are used to portray the failure or negligence on the part of healthcare administrators and medical professionals. The terms are on the basis of failure to follow the code of medical ethics meticulously, and thereby committing preventable damage.
Medical malpractice has occurred when a patient is harmed, hurt, or injured by a medical professional who failed to competently perform his or her necessary medical duties. In some extreme cases, this negligence and incompetence may result in the death of a patient.
So, how frequently are medical malpractice cases filed? The Medical Malpractice Center reported that an average of 15,000-19,000 medical malpractice lawsuits are filed yearly against doctors in New Jersey and other parts of United States.
The medical malpractice law states that it is possible for patients to seek compensation for any harm, damage, or injury that results from medical negligence or substandard treatment. It is worthy of note that the standards and regulations for what counts as medical malpractice can differ across countries and even states.
Basic Requirements for a Claim of Medical Malpractice
For a complainant to successfully prove to the government that medical malpractice occurred, it should be shown that all of the following existed:
- There was doctor-patient relationship: The complainant must show that he or she had a physician-patient relationship with the doctor being sued.A simple receipt with a list of services rendered is enough.
- There was negligence or violation of the standard of care on the part of the doctor: Our firm understands that some complaints are sentimentally based on unsatisfactory services, and therefore do not fall under the category of medical malpractice. Beyond reasonable doubts, you must prove that the doctor has somehow been negligent in connection with your diagnosis or treatment. To sue for medical malpractice, you must show that the physician has caused you harm or injury in a way that any competent or meticulous doctor, under the same circumstances, would not have. Quite simply, you must prove that the doctor had not been reasonably skillful or careful in the administration of treatment to you. Our firm considers this important to file a medical malpractice claim. Just like in almost all states, New Jersey requires that the patient or complainant present a medical expert to discuss the required and ethical standard of care. This medical expert must also prove that the defendant had deviated from that ethical standard.
- The doctor’s negligence caused the injury: Many causes of medical malpractice involve patients that were already sick or injured. This induces the question of whether the doctor, negligently or not, caused the harm to the patient. This is usually the trickiest part because the patient must prove that the doctor’s incompetence directly caused the injury. In Jersey City, this is why the patient is required to have a medical expert to testify in court that the doctor’s negligence caused the injury.
- The injury resulted in specific damages: Even if it is obvious that the doctor had performed below the expected ethics of the medical practice, it is technically impossible for a patient to sue for medical malpractice if the patient didn’t suffer any harm in the course of the treatment. In NJ, some examples of the types of harm that count as medical malpractice are mental anguish, unusual physical pain, disability, additional medical expenses, and loss of work or income.
Who Can Be Sued in a Medical Malpractice Lawsuit in NJ?
The laws of New Jersey states that the specific professionals who may be targeted by a medical malpractice action include but are not limited to physicians, nurses, midwives, psychiatrists, physician assistants, dentists, physiotherapists, chiropractors, occupational therapists, pharmacists, social workers, optometrists, podiatrists, and medical radiation practitioners.
Statute of Limitations
N.J. State § 2A:14-2(a) and (b), New Jersey gives a strict deadline of two years to file for medical malpractice lawsuits. That means a medical malpractice claim should be filed within two years from the date of the injury or when the patient is believed to be reasonably aware of the injury.
Similarly, any wrongful death lawsuit attributed to medical malpractice should be filed within two years from the date of the patient’s demise.
When Should You Act?
If you still wonder when to really file for a medical malpractice lawsuit,consider that you have limited time to take action (two years). Furthermore, consider that an initial consultation with an attorney is free, and will help you determine if you have a chance at receiving compensation.
Once you can establish that you have been mistreated in the course of any medical treatment, it’s time to take an action by hiring the service of our law firm. Note that it is impossible to reopen the pursuit of a medical malpractice claim after you’ve missed the deadline or the claim has been settled. It is therefore important to hire a reputable and experienced firm to represent you.Medical malpractice is one of the core specialties of our firm,and we have profoundly competent attorneys with proven results to represent you.
Why a Medical Malpractice Attorney from Our Firm is the Best for You
We believe that a claim of medical malpractice is sensitive suit that needs to be handled with professionalism and meticulousness. This is our reason for having attorneys who are some of the most experienced and competent in New Jersey, making them the perfect team for you.
Our firm boasts of attorneys who have years of experience in handling cases of medical malpractice across Jersey City. These versed lawyers have history of victories in medical malpractice suits across New Jersey, and our esteemed clients can testify to the professionalism, and adeptness demonstrated by our attorneys across Jersey City. Hiring our firm to settle your medical malpractice case gives you the utmost guarantee to get that settlement you deserve!
Our firm offers free private consultations on medical malpractice matters, which means that you have nothing to lose even if you don’t have a medical malpractice claim eventually. Contact us today!
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