When healthcare or a medical procedure doesn’t go as planned, the consequences can be life-altering. Understanding the complexities of medical malpractice in New Jersey is the first step toward seeking justice and compensation for any harm suffered. Learning your rights can help you feel empowered and more confident in your legal options.
Read on to learn about medical malpractice, how to prove a claim, the costs of hiring an attorney, compensation types, and more. If you have any questions about pursuing medical malpractice in New Jersey, please contact the skilled legal team at O’Connor, Parsons, Lane & Noble.
What Is Medical Malpractice in NJ?
Medical malpractice occurs when a medical professional or facility deviates from the accepted standards of care and causes harm to a patient. This deviation can encompass various errors, from surgical mistakes to diagnostic oversights. The cornerstone of a malpractice claim is proving that the healthcare provider’s negligence directly caused injury or worsened an existing condition.
It’s important to understand that not all undesirable outcomes in medicine constitute malpractice. Even the best care can have less than satisfactory results. Recognizing and understanding what a breach of the standard of care looks like is critical for anyone suspecting they are a victim of medical malpractice.
Types of Medical Malpractice
Medical malpractice can manifest in various forms. Some of the most common types include:
- Diagnostic errors—misdiagnosis or delayed diagnosis that leads to incorrect treatment or a missed opportunity for treatment;
- Medication errors—prescribing the wrong medication or dosage;
- Surgical errors—mistakes during surgical procedures, such as operating on the wrong body part or leaving a surgical instrument inside a patient;
- Birth injuries—negligence before or during childbirth that causes harm to the fetus, baby, or mother; and
- Failure to treat—when a healthcare provider correctly diagnoses a condition but fails to recommend or administer the appropriate treatment.
Even if your case doesn’t fit one of the categories above, you should contact a lawyer for hospital negligence as soon as possible. We will gladly review your case to help you determine whether you have a claim.
How to Prove Medical Negligence
Proving medical negligence in New Jersey requires establishing four key elements:
- Duty of care—demonstrating that the healthcare provider owed a duty to the patient, meaning there was a doctor-patient relationship;
- Breach of duty—showing that the provider failed to meet the accepted standard of care;
- Causation—linking the breach of duty directly to the harm experienced by the patient; and
- Damages—providing evidence of the losses suffered due to the negligence, such as additional medical bills or lost wages.
This process often involves expert testimony to explain complex medical procedures and standards.
Why You Need a Medical Malpractice Lawyer
Navigating a medical malpractice claim in NJ demands a sophisticated understanding of the legal and medical principles. A skilled medical malpractice lawyer in New Jersey will start by conducting an independent investigation. It’s essential to evaluate the strength of your case and gather all relevant evidence and medical records.
In New Jersey, submitting an affidavit of merit in a medical malpractice case is necessary. That means hiring a medical expert in the same specialty as the doctor you plan to sue. This individual must provide a statement confirming a breach of the standard of care.
When it’s time to discuss case value and negotiate a potential settlement, your attorney will handle that. You will not need to communicate with the insurance company or defense’s legal team. If the defendants do not agree to settle, it’s crucial to have a lawyer prepared to go to trial. At O’Connor, Parsons, Lane & Noble, we’re unafraid to go up against these medical providers, facilities, and their legal teams in court.
Do Medical Malpractice Lawyers Charge for Representation?
Most medical malpractice lawyers in New Jersey operate on a contingency fee basis. That means clients do not pay upfront fees. Instead, attorneys receive a percentage of the settlement or verdict award if the case is successful. This arrangement aligns the clients’ and attorneys’ interests, ensuring that legal assistance is accessible to those who need it most, regardless of their financial situation.
The percentage varies between firms, which usually increases if the case goes into litigation. When meeting with law firms, always ask about the fee schedule for medical malpractice cases. That way, there is no surprise when you’re ready to hire a lawyer.
Types of Damages You Can Recover in a Medical Malpractice Claim
Victims of medical malpractice may be entitled to various types of compensation. There are two main categories—economic and noneconomic damages.
Economic damages represent your tangible losses, meaning losses that have verifiable financial amounts. Examples include medical expenses and lost income. Noneconomic damages are intangible and more subjective. They include compensation for things such as physical pain and suffering, emotional trauma, loss of enjoyment of life, etc.
A knowledgeable lawyer can help you identify and quantify the full extent of damages applicable to your case. Hiring economic experts to evaluate your case might be necessary in severe malpractice cases. These experts can determine the value of future medical treatment, loss of earning capacity, and life-long pain and suffering.
Why Choose O’Connor, Parsons, Lane & Noble
O’Connor, Parsons, Lane & Noble is a premier law firm in New Jersey focused on medical malpractice claims. Our firm is renowned for having:
- A proven track record of securing significant settlements and verdicts, including New Jersey's largest birth injury verdict ($28 million);
- A team of dedicated attorneys with extensive medical malpractice experience;
- A commitment to personalized and compassionate client service; and
- Access to a network of medical experts for building a compelling case.
All four partners are fellows in the highly regarded American College of Trial Lawyers (ACTL). Membership in ACTL is by invitation only and requires thorough vetting and a minimum of 15 years of trial experience. This honor is restricted to the rare top one percent of lawyers in each state.
Contact O’Connor, Parsons, Lane & Noble
If you suspect that you or a loved one has been a victim of medical malpractice in New Jersey, you don’t have to face the challenge alone. Contact O’Connor, Parsons, Lane & Noble today for a free, no-obligation consultation. Our skilled legal team is ready to review your case, provide clear legal guidance, and fight tirelessly for you. Contact us today—let us advocate for your rights and help you get the justice you deserve.
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