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Going to the doctor is fairly routine for many of us. We visit the doctor once a year for an annual checkup. We go to the doctor when we are ill. Regardless of the reason for the appointment, no one expects to be a victim of negligence during a doctor visit.
But medical negligence does happen. Understanding the criteria for what constitutes medical malpractice under the law is important — not every mistake or procedural error merits a medical malpractice lawsuit. Experienced Jersey City medical malpractice lawyers at Team Law are skilled and knowledgeable in all aspects of medical negligence, and have been serving New Jersey families for more than 60 years.
Injured Due To Medical Malpractice And Have Questions? We Can Help, Tell Us What Happened.
The term “medical malpractice” should not be used lightly. It refers to a form of serious negligence exhibited by a medical professional. So how do you know if your doctor’s error is considered medical malpractice?
After establishing that a doctor-patient relationship existed, the American Board of Professional Liability Attorneys cites key elements that must be present to demonstrate a case of medical malpractice. Those elements are:
Determining whether your injuries meet the criteria for a medical malpractice lawsuit can be challenging. At Team Law, our Elizabeth, NJ medical malpractice lawyers are skilled in evaluating personal injury cases that are due to medical negligence.
Medical malpractice lawsuits may be based on a variety of medical errors. Those include – but are not limited to – any of the following:
But a patient saying that a doctor was negligent in some shape or form is not enough to file a medical malpractice lawsuit. In New Jersey, those who believe they are injured must provide an “affidavit of merit”.
After a medical malpractice claim is filed in the state’s civil court system, the defendant healthcare provider then files a response to the lawsuit. In New Jersey, the plaintiff – the injured patient filing the lawsuit – then has 60 days to provide the defendant with an “affidavit of merit”.
An affidavit of merit basically requires that another person who is appropriately licensed must declare under oath that the defendant did not demonstrate the appropriate medical standard of care for the patient under the circumstances, and that there is a legitimate basis for filing a medical malpractice claim.
In New Jersey, if the plaintiff fails to provide an affidavit of merit, this may lead to dismissal of the medical malpractice claim.
Verdict – Team Law’s client fell and dislocated her knee, causing an injury to the popliteal artery that ultimately resulted in the amputation of her leg. Suit was filed against the hospital to which she had been taken by ambulance, the emergency room doctor, a radiologist and an orthopedic surgeon. The orthopedic surgeon claimed he was inordinately delayed getting to the hospital because of traffic problems on the Garden State Parkway. Team Law was able to counter the surgeon’s testimony by obtaining records from the Garden State Parkway that showed no traffic problems and by obtaining the surgeon’s EZ Pass records. The claim against the emergency room doctor was that he should have asked for vascular consultation when he detected a weak pulse in the foot, not just an orthopedic consult. The claim against the radiologist was that his actions also delayed treatment. After a seven week trial, a verdict was entered in favor of Team Law’s client and against all four of those defendants.
All states have statutes of limitations – legal time limits for filing a lawsuit after suffering some form of harm. In New Jersey, the legal timeframe for filing a medical malpractice lawsuit is two years from the date the harm occurred. In some cases, the time limit is two years from the point in time in which the harm was actually discovered or from when it reasonably should have been discovered.
In New Jersey, the two-year statute of limitations for filing a medical malpractice lawsuit for a child under the age of 18 years commences with the child’s 18th birthday. One exception to this statute pertains to medical malpractice lawsuits for injuries sustained at birth. In these situations, the lawsuit must be commenced before the child turns 13 years old.
Get Advice From An Experienced New Jersey Medical Malpractice Attorney. All You Have To Do Is Call 201-351-2113 To Receive Your Free Case Evaluation.
Suffering harm at the hands of a medical professional can be particularly upsetting. Don’t be intimidated by doctors, hospitals, or insurance companies who are more interested in protecting themselves from litigation than they are in justly compensating you for their negligence. Talk to us instead.
At Team Law, our Elizabeth, NJ medical malpractice lawyers are experienced and knowledgeable in all aspects of medical malpractice lawsuits. Our skilled team has been protecting the rights of New Jersey families for more than 60 years. We offer a free consultation to answer your questions, review your case, and discuss the available options. Team Law medical malpractice lawyers work on a contingency basis – if we do not win your case, you don’t owe us anything. Schedule a free consultation with one of our experienced medical malpractice lawyers today.
Jersey City is the second-most populous city in New Jersey, and the largest city in and county seat of Hudson County. Jersey City is located across from the Hudson River from New York City. The area of present-day Jersey City was purchased from the Lenape Native Americans in the early 17th century and incorporated into the Dutch colony of New Netherlands. Much of what would become the current downtown area of Jersey City was laid out following the American Revolution. Jersey City was formally established by the state legislature in 1820; after the Civil War, Hudson City, Bergen City, and Greenville were incorporated into Jersey City. In the second-half of the 19th century through the 20th century, Jersey City developed into an important manufacturing, transportation, and shipping hub. Beginning in the 1980s, Jersey City’s waterfront area was redeveloped into one of the U.S.’s largest banking and financial hubs, leading the area and the city as a whole to garner the nickname “Wall Street West”
Medical malpractice simply means that a doctor was careless in treating a patient. The technical legal definition in New Jersey is that the doctor failed to do something that was required by standard medical practice. Less commonly, NJ medical malpractice can also occur when a doctor does something that was forbidden by standard medical malpractice.
In order to start a medical malpractice case, the first thing your lawyer will need to do is collect a complete set of the patient’s medical records. Then, your attorney will need to have those records reviewed by a doctor in the same specialty as the doctor, surgeon, or medical provider who may be the defendant in the lawsuit. For example, if it’s a nephrologist, it will be necessary to hire a nephrologist to review the medical records. At that point, you will be ready to start a medical malpractice lawsuit.
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