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 Newark med mal 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 Newark 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 Newark 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 Newark medical malpractice lawyer. The med mal 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 Newark 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 Newark med mal 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
Before you can begin to pursue a medical malpractice case, New Jersey law requires that you submit an affidavit of merit. This requirement seeks to reduce the number of frivolous lawsuits against licensed professionals. New Jersey law requires that the affidavit of merit be prepared by a medical expert witness. This witness must be in the same area of speciality as the defendant healthcare provider. This expert must review the case and declare under oath that medical negligence may have occurred. The affidavit must state that the medical professional’s actions deviated from the accepted standard of care.
You must file the affidavit of merit within 60 days from the date the healthcare provider files a formal response to your complaint. 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 Newark 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 Newark med mal attorney with the knowledge and resources to fight for you every step of the way.
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:
- Medical technicians,
- Outpatient medical facilities, and
An experienced Newark med mal 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.
A Newark med mal attorney can help you claim the damages that apply to your case.
Can I Still Recover Damages if I Signed a Waiver Before Receiving Medical Treatment?
A waiver or consent form does not prevent you from pursuing a medical malpractice claim if you've been harmed due to negligence. Waivers typically only protect healthcare providers from liability for ordinary negligence, but not gross negligence or intentional wrongdoing.
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 Newark 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 Newark 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.Our firm is renowned in New Jersey for its medical malpractice work. 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. Each attorney on our team is a stellar practitioner whom you can trust. Call or contact us online to learn more about filing a medical malpractice claim for a healthcare provider’s negligence.