Medical negligence is the third leading cause of death in the United States. Alarming, right? If you are facing injuries from medical malpractice, seek justice with a medical malpractice lawyer in NJ.
Further, medical malpractice centers record about 15000 to 19000 medical malpractice annually. Medical malpractice comes when health care professionals omit appropriate actions, provide substandard treatment, or neglect to give you the right treatment.
When these actions result in injury or damage, you’re liable for compensation. In such a case, you should consult a medical malpractice lawyer in NJ.
5 Things You Should Know About Medical Malpractice Claims in NJ
Winning a medical malpractice case isn’t a walk in the park. You must provide evidence that medical malpractice occurred.
It’s vital to note there are primary requirements (each of which must be proven) to determine whether or not you have a medical malpractice case:
- There Existed A Relationship between Doctor and Patient
Fundamentally, you must prove the existence of a relationship between you and the doctor. In other words, you must prove you hired the services of the doctor, and they agreed to offer their services.
Questions on whether there exists a doctor-patient relationship emanate from cases where you didn’t receive direct treatment from a consulting doctor. It’s worth noting you can’t sue a physician if you overheard them offering advice to another party.
- The Health Care Provider was Negligent
The health care provider is not liable for medical malpractice simply because you’re unsatisfied with their services.
With the help of expert witnesses, you should prove that the diagnosis or treatment was less than what a competent professional would have given.
- Negligence was the Main Cause of Injury
The fact that a health care professional violated health care standards is not sufficient to validate medical malpractice.
You must prove your injury was directly caused by negligence. Or rather a negligent nurse, doctor, or any other medical professional was the cause of your injuries.
- The Injury Caused Significant Damage
You must prove that the injury caused by medical negligence resulted in significant damages. In other words, you must show that the harm caused a loss of income, medical bills, suffering, stability, and hardship.
Without the damages, there is no viable claim.
- The Healthcare Professional Violated Standard of Care
Standard of care refers to medical standards that are generally recognized by medical professionals. These standards are acknowledged by law and accepted by health care professionals as acceptable medical treatment. Negligence occurs when the health professional fails to provide care in line with the set standards.
Common Cases of Medical Malpractice
Most commonly, medical malpractice cases revolve around:
- Surgical errors – They may occur when asurgeon operates on the wrong site, leaves a foreign object in your body after the operation, performs unnecessary surgery, or there are anesthesia errors
- Misdiagnosis – It may include missed or delayed diagnosis
- Medication mistakes – Doctors make errors in prescribing or administration of the wrong drugs
- Failure to monitor – It includes failure to monitor the conditions of patients as well as failure to monitor the nurses and physicians
- Childbirth Injuries- They involve negligence that occurs leading to injuries to the mother and(or), child
How Can a Medical Malpractice Lawyer in NJ Help You?
Do you think you might have a medical malpractice case?
Contacting a seasoned medical malpractice lawyer in NJ should be the first step. Here are 9 ways an expert may help you:
- Filing a Case
A medical malpractice lawyer in NJ will help you to put forward a strong case. If you don’t present your case to the jury or judge convincingly and cohesively, you don’t stand a chance of winning.
An expert lawyer will ensure the claim is well organized when presenting it in a court. A lawyer explores all aspects of a case and puts forward a persuasive argument, thus putting you in the best position to win the case.
- Covering Your Medical Costs
Sometimes reaching a resolution in New Jersey can take some time. As you wait for your case to be resolved, you might be concerned with how you’ll pay the looming medical costs.
A medical malpractice lawyer will ensure you receive all money that is entitled to you.
- Source Expert Testimony
Malpractice cases involve technical and intricate scenarios. You may, therefore, require one or several witnesses. An expert lawyer is well versed on how to acquire expert testimony from qualified witnesses who will add legitimacy to your argument.
- Armed with Proper Documentation
You should be armed with all the documentation including all medical and health records, insurance information, medical bills and invoices, lost wages information as well as the prescription drugs you’re taking. If you don’t have the records, a malpractice lawyer in NJ will help you to get them.
- Investigating Your Case May be Crucial
You may also need to launch an investigation depending on your case specifics. An established lawyer can help you conduct investigations in detail to gather the necessary evidence.
Evidence such as footage and police records will help you build your case. You’ll have a better shot at winning.
- Negotiating the Best Settlement for Your Case
About 90% of lawsuits involving medical malpractice end in settlements. A lawyer understands how to get the best settlement with your health care provider’s insurance company. You can rest assured of receiving the best compensation for your claim.
And if the settlements are unsuccessful, the lawyer is ready to go to trial and represent you before the court.
- Expedite the Claim Process
Navigating medical malpractice cases is quite a challenging task. A topnotch medical malpractice attorney in NJ can help speed up the process. Whether it’s a lawsuit or a settlement negotiation, your lawyer will represent you in or out of court.
- Filling Time Limit For Medical Malpractice
The time required to file a medical malpractice case (Stature of Limitations) differs from state to state. In New Jersey, you have two years from personal injury date to file a medical malpractice claim. However, the statute of limitations has exceptions for mental incompetency and minors.
A legal representative will provide you with the legal advice to help you protect your legal right to file a claim.
- Helps You Understand Some Damages in Medical Malpractice Lawsuit have a Cap
Medical malpractice claim doesn’t limit loss of income, medical expenses, and other financial damages. You can claim all injury-related out of pocket expenses. All you need is to arm yourself with the evidence of the expenses.
Similarly, the court in New Jersey can award you any amount for pain and suffering, depending on the evidence presented before the jury. On the other hand, you can only claim punitive damages from intentional acts and gross negligence.
A medical malpractice lawyer in NJ will help you understand the New Jersey laws that may limit the number of damages you can be awarded in your case.
Finding the Right Medical Malpractice Lawyer in NJ Matters
Have you or a loved one been a victim of medical errors? Medical malpractice cases involve intricate legal theories and medical questions. Selecting the best medical malpractice lawyer in NJ can make or break your case.
At Lord and Kobrin, we’ve built a stellar reputation representing clients who have suffered injuries. Our team of competent medical malpractice lawyers will relieve your stress of dealing with complex rules governing medical malpractice law.