When filing a lawsuit against a doctor in New Jersey, you need an experienced Ocean County personal injury attorney who is experienced with New Jersey’s laws regarding medical malpractice lawsuits.
Our Monmouth County personal injury and statewide personal injury attorneys have experience representing clients injured by negligent medical providers, as well as their surviving family members, following occurrences of medical malpractice.
Some examples of medical malpractice include:
- Hospital negligence, such as insufficient staffing issues, inadequate training or policies that result in debilitating conditions for patients.
- Failure to diagnose cardiovascular disease in time.
- Improper analysis or failure to use positive emission tomography scan (PET scan), cardiac imaging studies, EKG tests, stress testing, angiography, CT scan, or magnetic resonance imaging (MRI), that result in a heart attack or cerebrovascular strokes
- Improper or negligent endotracheal intubation, epidural anesthesia and local anesthesia that result in severe brain damage, paralysis, stroke, nerve damage, and/or death.
- Surgical negligence, such as failure to administer the surgical procedure properly, improper use of anesthetic agents, wrong site surgery, failure to monitor which results in injury and/or death.
- Obstetrician negligence, such as oxygen deprivation during labor and delivery, Cephalopelvic disproportion (CPD) (where babies are too large to pass through the birth canal) which can lead to cerebral palsy, brachial plexus dystocia, Erb’s palsy and other conditions. Injuries to the delivering mother can include infections and anesthetic reactions.
- Misdiagnosis of medical evidence which suggests the presence of cancer of the cervix, breast or other areas, which, if caught earlier, may have been eradicated within the body or at least have given you a better probability of survival, under the doctrine of “loss of chance.”
New Jersey has a strict set of procedures that must be followed in order to succeed and recover in a medical malpractice lawsuit. The negligent medical provider (the defendant) will have a chance to respond and defend the lawsuit. It is similar to personal injury lawsuit; however, a medical malpractice suit is much more intricate. It requires very detailed expert testimony to explain the complexity of the case to a jury.
Part of this expert’s job is to provide an affidavit of merit (AOM) within 60 days of filing the complaint. The AOM is a statement by a medical expert stating that there is sufficient medical evidence for a lawsuit to go forward against the medical provider in question. During the course of the lawsuit, evidence will be put forth to prove that the duty of care owed to the patient was breached.
Your lawsuit has a chance of being referred to arbitration. If the amount of damages sought is less than $20,000, NJ courts will refer the case to arbitration. In arbitration, a neutral third-party fact finder resolves the dispute. The resolution is binding on all parties.
New Jersey has limited the amount of time in which an injured person can bring a medical malpractice claim, which, if not filed in a timely manner, the injured person would be forever barred from bringing a medical malpractice suit against the negligent medical provider. The time allowed to bring the medical malpractice claim is generally two years from the date of the injury.
However, there are exceptions to this rule which may extend the time allowed to bring a claim, such as the discovery doctrine or if the injured patient was under the age of 21 at the time of injury. An attorney at Riviere Cresci & Singer LLC in Monmouth County, New Jersey and statewide can explain these time concerns with you.
The value of your case is dependent upon a number of factors, including, but not limited to:
- the clarity of doctor’s liability
- the egregiousness of the medical provider’s negligence
- whether the plaintiff was also negligent and to what extent
- the severity of the injuries
- economic factors, such as the amount of medical bills and/or lost wages
- the age of the plaintiff
- the venue or location of where the suit will be filed e.g. Monmouth County, Mercer County, Middlesex County, Ocean County, Essex County, Husdon County and so forth
- the plaintiff’s work history
- the defendant’s character and mannerisms
- the type of medical treatment the plaintiff receives
- the plaintiff’s pre-existing conditions
- the plaintiff’s criminal history
- the plaintiff’s claims history
- the credibility of the parties
Call us! Knowledge is the key to a successful lawsuit.
Our lawyers will review the facts and circumstances of your and/or your loved ones case and explain the legal necessities which will need to be followed in order for your lawsuit to prevail.