We seek medical attention or go to the doctor and expect that we will receive the correct treatment. We expect the healthcare provider to make every effort to diagnose our condition. We trust our healthcare providers with our very lives. Sometimes a healthcare professional breaks trust. A hospital, doctor, or nurse provides inappropriate care. These actions can have life-altering consequences.
However, just because a medical outcome fails to meet expectations does not mean there was medical malpractice. Medical malpractice involves medical care that deviates from the standard of care owed to you.
- Have you suffered from a severe injury while under the care of a healthcare professional?
- Have you suffered from a severe injury while in a medical facility?
- Has another healthcare provider pointed out that your outcome was unusual?
- Has another healthcare provider told you that you received inappropriate treatment?
- Has a healthcare provider or healthcare facility withheld information about a medical incident that resulted in injury to you?
If you answered yes to any of these, you should seek assistance from a Bridgewater medical malpractice attorney. O’Connor, Parsons, Lane & Noble medical malpractice attorneys can assist you with many specific areas of medical malpractice.
Whether you experienced a provider’s negligent actions or a negligent omission, we can help. Our experienced lawyers seek justice for victims injured through negligent medical providers.
Identifying Medical Malpractice
Some instances of medical malpractice can seem obvious even to a layperson. But identifying most medical malpractice claims requires evaluation by competent medical experts.
It can be difficult to determine if your case meets the definition of malpractice. Attorneys and medical experts make this decision through examination of medical records. For help determining whether your case amounts to medical malpractice, it’s prudent to consult with a Bridgewater medical malpractice lawyer at O’Connor, Parsons, Lane & Noble.
If your case amounts to actionable medical negligence, our team will fight hard for you. We will help you seek monetary compensation for things like medical expenses, lost wages, and pain and suffering.
Elements of a Medical Malpractice Case
Medical malpractice occurs when a healthcare provider fails to meet the accepted standard of care in the medical community. This failure must cause harm to the patient. The standard of care means what a reasonable doctor would do in the same or similar circumstances.
To prevail in a medical malpractice lawsuit, your Bridgewater medical malpractice lawyer must prove:
- The standard of care the medical professional owed,
- That the medical professional violated the standard of care,
- That the patient suffered an injury, and
- That the failure to provide the adequate standard of care caused the patient’s injury.
To determine whether your medical incident amounts to an actionable medical malpractice case, consult with a Bridgewater medical malpractice lawyer. The medical malpractice attorneys at O’Connor, Parsons, Lane & Noble can review your case and consult with medical professionals who can support your claim.
Meeting the requirements to win a medical negligence case is difficult. It calls for experienced legal counsel. At no cost to you, our Bridgewater medical malpractice attorneys can determine if there is a basis for a malpractice claim.
Filing a Medical Malpractice Claim
It’s complicated pursuing a claim against healthcare providers. It requires a team experienced in the complexities of investigating the incident, gathering the medical evidence, and working with expert medical witnesses. A Bridgewater medical malpractice attorney at O’Connor, Parsons, Lane & Noble can assist you in this process. You should consult with an attorney as soon as you are aware that you may be a victim of medical malpractice.
The statute of limitations for a medical malpractice claim in New Jersey is two years. That means you need to file a claim within two years of the injury. In cases where the victim is unable to discover the medical malpractice at the time it occurs, the discovery rule applies. Under the discovery rule, the statute of limitations begins to run on the day the patient knew or should have known about the medical malpractice. The two-year statute of limitations is also subject to exceptions for children.
Affidavit of Merit in a Medical Malpractice Case
Shortly after you file a medical malpractice lawsuit, New Jersey law (N.J.S.A. 2A:53A-27) requires an affidavit of merit. This requirement seeks to reduce the number of frivolous lawsuits against licensed professionals. The affidavit must come from an appropriately licensed professional, generally one who practices in the same specialty as the provider being sued. That expert reviews the case and states that there is a reasonable probability the care fell outside accepted professional standards.
You must file the affidavit of merit within 60 days from the date the healthcare provider files a formal answer to your complaint, and the court can grant one additional 60-day extension. Meeting the statutory deadline is critical. Failure to submit an affidavit of merit jeopardizes your case.
If a medical professional agrees that you have a valid malpractice claim, a Bridgewater medical malpractice lawyer at O’Connor, Parsons, Lane & Noble can take your claim to court to fight for the damages you deserve.
Only work with an experienced Bridgewater medical malpractice attorney with the knowledge and resources to fight for you every step of the way.
Medical Malpractice Cases We Handle in Bridgewater
Our attorneys represent patients and families throughout Bridgewater and Somerset County in claims involving:
- Misdiagnosis and failure to diagnose, including delayed cancer diagnoses
- Surgical errors
- Medication errors
- Birth injuries and maternal death
- Pediatric malpractice
- Nursing home abuse and neglect
Malpractice lawsuits arising from care in Bridgewater and the surrounding area are generally filed in the Superior Court of New Jersey, Law Division, in Somerset County, which sits in Somerville.
Who Is Responsible for Medical Malpractice?
Most medical malpractice claims are brought against doctors, nurses, and hospitals. But any healthcare provider who owed you a particular standard of care and failed to meet the standard of care could be liable. Depending on the circumstances of your particular case, your lawsuit could include:
- Physicians,
- Surgeons,
- Optometrists,
- Chiropractors,
- Nurses,
- Therapists,
- Medical technicians,
- Pharmacists,
- Dentists,
- Hospitals,
- Outpatient medical facilities, and
- Laboratories.
An experienced Bridgewater medical malpractice attorney can determine what healthcare provider or entity could be liable for the harm you suffered. It is critical to investigate the circumstances surrounding your injury to determine which particular healthcare providers or facilities should be named in your claim.
Damages Available in a New Jersey Medical Malpractice Lawsuit
Damages available to you in a New Jersey medical negligence case vary widely. The value of your case depends on the harm you experienced. You may be eligible for compensatory damages. Compensatory damages compensate a plaintiff for losses and may include things like:
- Medical expenses, past and future;
- Loss of income, past and future;
- Loss of enjoyment of life; and
- Loss of companionship.
New Jersey doesn’t cap compensatory damages in medical malpractice cases, so an award can reflect the full extent of the harm.
Punitive damages, which are subject to a statutory cap, seek to punish and deter defendants who commit egregious malicious acts. But they are rarely awarded in New Jersey medical malpractice cases.
A Bridgewater medical malpractice attorney can help you claim the damages that apply to your case.
Additional FAQs
Can I Still Recover Damages if I Signed a Waiver Before Receiving Medical Treatment?
Generally, yes. A consent form explains the known risks of a procedure, but it doesn’t give a provider permission to be careless. New Jersey courts generally won’t enforce an agreement that tries to release a healthcare provider in advance from liability for its own negligence. Whether a particular form matters to your case depends on what it says and how the injury happened.
How Long Does a Medical Malpractice Case Typically Take in New Jersey?
The length of a medical malpractice case in New Jersey can vary depending on the complexity of the case and whether it goes to trial. Some cases can be resolved in a matter of months, while others can take several years.
Can I Still File a Medical Malpractice Lawsuit if the Healthcare Provider Has Died?
Yes, you can still file a medical malpractice lawsuit in New Jersey if the healthcare provider has passed away. In some cases, the lawsuit may be filed against the provider’s estate.
What is the Role of Expert Witnesses in a NJ Medical Malpractice Case?
Expert witnesses play a crucial role in proving negligence in a New Jersey medical malpractice case. They are typically medical professionals who can provide testimony regarding the accepted standard of care and whether the healthcare provider breached that standard.
Contact an Experienced New Jersey Medical Malpractice Lawyer
Given the complexity of a medical malpractice claim, you would be well-served to work with an experienced team. The team of Bridgewater medical malpractice attorneys at O’Connor, Parsons, Lane & Noble has a long history of serving clients in New Jersey. Specializing in personal injury, we place significant emphasis on medical malpractice claims. We have a strong record of success, including the record for the largest wrongful birth injury verdict in New Jersey history.
Our well-established firm of Bridgewater medical malpractice attorneys is ready to get to work for you. We will be able to request medical records, review evidence, conduct interviews, and consult with experts. O’Connor, Parsons, Lane & Noble is equipped to handle your case from start to finish. Medical malpractice has long been a core part of our practice. All four of our partners are Fellows in the highly regarded American College of Trial Lawyers. Fellowship in the invitation-only membership is restricted to the top 1% of the lawyer population in any state. Call or contact us online to learn more about filing a medical malpractice claim for a healthcare provider’s negligence.