File Your Case with a Medical Malpractice Lawyer in NJ
When you go to the doctor, you expect to get better, not worse. You never expect that your New Jersey doctor or medical facility will act with negligence causing you direct harm. Unfortunately, for thousands of people, across the country, this may be the case.
There are many forms of medical malpractice in New Jersey, from improperly administering medication or failing to properly diagnose an illness, to missing a diagnosis, failing to order a test, or simply providing substandard care. Anyone who has suffered as a result of these types of incidents has legal recourse to file a lawsuit and should contact a medical malpractice lawyer in NJ.
Initiating A Medical Malpractice Lawsuit
The first thing to understand about medical malpractice in New Jersey is that it currently has a statute of limitations restricting the amount of time you have to file a lawsuit. Depending on the age of the person filing, the time limit of statute varies:
• Minors who are injured have two years from the date of majority to file.
• Adults have two years from the day the injury occurred or was discovered.
• For injuries suffered at or during birth, a suit must be filed on or before the child’s 13th birthday.
Failing to contact a medical malpractice lawyer in NJ and initiate a claim within these timeframes means sacrificing any compensation you or your loved one may be rightfully owed.
The Importance of a Medical Malpractice Lawyer in NJ to Prove Your Case
Though every claim for medical malpractice in NJ is different, there are several elements that must apply to every case. They are:
• The defendant owed the plaintiff a duty of care.
• The standard of care must have breached by the defendant.
• The plaintiff’s injuries must be a direct result of this breach.
The defendant has a duty of care or responsibility to the victim. For example, if you as a patient, have been seeing the same doctor over the past year for a medical issue, you are owed a duty of care.
The standard of care is the accepted standard treatment for what the doctor, professional, or facility should have done to care for the patient properly. This is often proven by the testimony of an expert witness, someone who is in the same field as the defendant.
Hiring a medical malpractice lawyer can ease your stress levels while navigating the rough waters of filing a case and will also make sure all pieces of your case are properly documented and presented. You and your family are already going through so much with the damages that happened during the medical malpractice, having that additional help on your side can be the difference between a successful case vs a disappointing amount of time and energy wasted.
Document Your Available Damages
When you contact a medical malpractice lawyer in NJ and initiate a malpractice lawsuit, if it is settled in your favor, there are three types of damages that a victim of medical malpractice may recover.
The first is compensatory damages and this is regarding the quantifiable financial losses you suffered as a result of malpractice. For example, lost wages, and medical bills incurred are economic damages that fall under the heading of compensatory damages.
These types of damages are compensation for non-quantifiable losses like pain and suffering that is suffered as a result of an incidence of malpractice.
The final category of damages, punitive damages are rarely awarded in cases of medical malpractice in NJ. Typically, these types of damages are only awarded if it is found that the defendant was especially, or intentionally negligent. In New Jersey, these types of damage awards are capped. The law restricts the amount of money someone may be awarded in punitive damages in NJ to either five times the number of compensatory damages awarded or $350,000, whichever is greater.
Work with an Expert & Win Your Case
A medical malpractice claim can be highly complex, and you may be required to jump through certain procedural hoops, unique to these types of claims. From sworn testimony by a qualified medical expert to the evaluation of your claim, expert guidance and counsel are needed when initiating a claim so seek out and engage a medical malpractice lawyer in NJ.
An attorney who handles medical malpractice cases will have the contacts, experience, and understanding of procedures and processes to position your case to ensure the best chance for a successful outcome. If you’re considering initiating a medical malpractice lawsuit in NJ, give the experts at Lord, Kobrin, Alvarez & Fattell, LLC and schedule a free no-obligation consultation to discuss your case. Give us a call today at 908-379-8642.