We want to put our trust in doctors and other healthcare professionals to provide adequate care. However, far too often mistakes are made that may result in a serious injury or even death.
If you believe you or a loved one was a victim of medical malpractice, inquiring with a licensed attorney who has experience working with these types of cases is recommended.
Topics covered below:
- What is Medical Malpractice in New Jersey and Do I Have a Case?
- Common Forms of Medical Malpractice in NJ
- Who Is Liable for Medical Malpractice?
- Types of Damages in a Medical Malpractice Lawsuit
- Our Record of Success in NJ Medical Malpractice Claims
- How Can a Medical Malpractice Lawyer Help?
WHAT IS MEDICAL MALPRACTICE?
Medical malpractice occurs when a healthcare provider neglects to provide a patient with the appropriate level of care required by accepted medical standards. If a patient is harmed because of a healthcare professional’s actions, or failure to act, the patient may be able to hold the medical care provider liable for damages.
Some examples of medical malpractice could include:
- Failure to diagnose a serious condition
- Failure to provide appropriate treatment
- Surgical errors (operating on the wrong body part, leaving tools inside patients, etc.)
- Prescribing the wrong medication or incorrect dosage
- Mishandling medical equipment
- Hospital-acquired infections
- Anesthesia errors
- Birth injuries
- Emergency room errors
- Failing to warn patients about the risks of a treatment
- Diagnostic errors;
- Medication errors;
- Laboratory errors.
Some specific examples might be:
- Misdiagnosis or wrong diagnosis claims, where the healthcare provider misdiagnoses an illness or disease, resulting in delayed treatment for the actual disease;
- Delayed diagnosis claims, where the healthcare provider fails to provide the proper diagnosis in a timely manner and the plaintiff’s condition worsens as a result;
- Wrong-site surgery, where a surgeon performs surgery on the wrong part of the body;
- Wrong-patient surgery, where a surgeon performs a particular surgery on the wrong patient;
- Retained foreign object mistake, or a situation where a surgeon leaves an object inside a patient during surgery, such as a towel or a sponge;
- Unnecessary treatment, where a healthcare provider recommends and performs an unnecessary treatment or surgery;
- Doctor prescribes the wrong medication;
- Doctor prescribes the wrong amount of a medication;
- Doctor prescribes medication that has harmful interaction with another medication that the patient currently uses, which the doctor should have known about based on the patient’s medical records;
- Pharmacist incorrectly fills prescription;
- Doctor fails to detect and treat a maternal infection during pregnancy, resulting in an injury to the infant;
- Failure to properly perform a C-section during birth;
- Doctor fails to properly use childbirth tools, resulting in brachial plexus injuries;
- Lab tech performs the wrong diagnostic test on a sample, resulting in an improper diagnosis; and/or
- Laboratory tools are defective and result in incorrect lab test results.
SOME MEDICAL MALPRACTICE CLAIMS WE CAN HELP WITH:
There are many reasons why medical malpractice occurs. For example, there may have been poor communication between the doctor and his or her staff. The doctor may not have asked for the patient’s medical history to discover things like allergies to medications. Doctors may be worn out, operating under the influence of drugs, or lack a plan for performing surgery.
It is important to note that an unwanted outcome does not necessarily mean medical malpractice has occurred. However, if you suspect that your healthcare provider has acted negligently or carelessly and caused you harm, you should contact a reputable New Jersey medical malpractice attorney from our firm to discuss your claim.
It is important to understand that not all bad medical outcomes are the result of malpractice or negligence. More often than not, bad medical outcomes are not caused by malpractice.
Here’s the difference between medical malpractice and an unfortunate medical outcome:
Medical malpractice vs. a bad medical result
Medical malpractice in New Jersey requires that a doctor or other medical professional fail to adhere to the appropriate standard of care.
Conversely, a bad result is when a particular medical treatment (eg. surgery) doesn’t turn out the way that you had hoped or the doctor had hoped.
If an expert examination of the relevant medical records shows that the doctor in-fact adhered to the appropriate standard of care, but a bad result occurred, then that would not be considered malpractice or negligence, and thus would not be actionable.
Medicine is not an exact science and sometimes there are bad results. The difference, though, is when a doctor deviates from accepted standards of care and a bad result occurs, that is actionable and can form the basis of a valid medical malpractice claim.
How can I tell if I have a valid New Jersey medical malpractice claim?
To understand whether you might have a valid medical malpractice claim, let’s look at what elements form the basis of these claims.
Ultimately, the basis for medical malpractice is when a doctor, a hospital or a nurse provides inappropriate care to a patient. It could be the failure to diagnose a problem; it could be the failure to treat appropriately a problem. A Medical Malpractice Claim is like a three legged stool:
- You need to show that a doctor, or a hospital or a nurse made a mistake, was negligent in the care of a patient.
- You need to show that there was damages as a result to that negligence.
- And the third leg of the stool is the connection between the negligence and the damages
You and your lawyer will not only need to prove the healthcare professional made an error; you must also establish the four elements of medical malpractice:
- Doctor/patient relationship – You must provide proof that you were either examined, received treatment, prescribed medication, scheduled for surgery or referred to a specialist for testing or another procedure.
- Failure to provide standard of care – The doctor or healthcare professional did not meet the accepted standard of care for your condition. This means the health care professional did not do what another professional, with similar training, would likely have done in a similar type of situation.
- Causal link to your injuries – You or your attorney must show proof that your injuries would not have occurred if the doctor upheld the accepted standard of care. In other words, you could have avoided the injuries if not for the action or inaction of your doctor.
- Damages were sustained – You must show that damages were created as a result of the healthcare professional’s negligence. For example, medical malpractice may have resulted in the need for more medical treatment, lost wages from missed time at work, pain and suffering, and other damages.
WHO COULD BE LIABLE FOR MEDICAL MALPRACTICE?
Medical errors are not limited to doctors and physicians. They can also be caused by many other medical professionals, including:
- Physicians
- Nurses
- Nurse practitioners
- Pharmacists
- Dentists
- Hospitals
- Walk-in clinics
- Specialty doctors like Obstetrics & Gynecology Specialists
We know that a medical error can be devastating for you and your family. That is why we are committed to fighting for your rights and building a strong case for compensation.
COMPENSATION AVAILABLE FOR A MEDICAL MALPRACTICE CLAIM
If you or your attorney can provide enough evidence showing that you or your loved one was a victim of medical malpractice, you may be eligible to receive compensation for damages, including:
Economic Damages – These are the monetary losses you suffered because of medical malpractice, including but not limited to:
- Loss of income
- Surgeries
- Hospital stays
- Follow-up doctor visits
- Medications
- Medical exams (MRI’s, CT Scans, X-rays, etc.)
- Rehabilitation
- Physical therapy
- Transportation to and from medical appointments
- Funeral and burial costs if you lost a loved one
Non-economic damages – These are the emotional and psychological effects of your injuries, such as:
- Physical pain and suffering
- Mental trauma
- Emotional stress
- Sleeping disorders
- Fear
- Loss of consortium
- Loss of enjoyment of life
In some instances of reckless negligence or malicious intent, you may also be able to seek punitive damages. Although rarely awarded, these damages are meant to punish the medical professional and to discourage others from participating in the same activity.
Although there is no limit on the amount of economic and non-economic damages you can pursue for medical malpractice, New Jersey Law caps punitive damages at five times the amount of compensatory damages or $350,000, whichever amount is greater.
DO I NEED TO FILE MY CLAIM BY A CERTAIN TIME?
The statute of limitations in New Jersey says you have two years to file a medical malpractice claim. This means you must file your claim within two years from the date you discovered or should have discovered your injury. If medical malpractice results in death, you have two years to file a wrongful death claim on behalf of your loved one.
If you do not file your claim within this period, you risk the possibility of having your case thrown out by the courts. However, there are some situations where this two-year period could be extended:
- An injury to a minor – If the child was under the age of 18 at the time malpractice occurred, the two-year clock will not begin to run until his or her 18th birthday.
- A person who is mentally incapacitated – If the injured victim is mentally ill or disabled, the deadline could be put on hold until he or she has recovered to a more stable mental state.
PROVIDING PROOF OF MEDICAL MALPRACTICE
Once you file a claim, the health care provider and his or her attorneys will have a chance to respond. When they do, you are required to file an affidavit of merit within 60 days of receiving that response. An affidavit of merit must be completed by a qualified medical expert stating there is a reasonable probability your injury was the result of negligence on the part of a medical provider.
Pagliara Law Group is prepared to handle this step on your behalf, including finding a medical expert who fits the criteria set by state law. For example, the expert could be someone actively practicing in an area of medicine like the area of medicine of the medical professional who caused your injury.
201-470-4181
