Whenever you visit a doctor, a dentist, or another licensed medical professional, you can reasonably expect them to take every step necessary to achieve a positive outcome. Unfortunately, medical providers sometimes make mistakes—mistakes that can result in serious injury, illness, or even death. New Jersey law holds medical providers to a high standard; and a provider who fails to meet this standard can be found liable for any harm they do to their patients.
A Bloomfield medical malpractice lawyer can help connect your injuries to a provider’s negligence, including botching a procedure, failing to diagnose a condition, or improperly prescribing medication. By filing a civil claim, you can seek compensation to cover the costs of additional medical care as well as to compensate you for any reductions in your quality of life. Reach out to our firm today. A skilled personal injury attorney is prepared to listen to your story and provide the legal guidance you need to pursue your case.
What Counts as Medical Malpractice in New Jersey?
Medicine is an inexact science, and not every negative result from a doctor or hospital visit is medical malpractice. Even a provider taking every necessary precaution and following the correct protocols cannot guarantee a positive outcome for every patient every time.
The law recognizes this fact when establishing the standard of care that applies to medical malpractice cases. Medical practitioners have a duty to provide treatment to their patients with a reasonable degree of care and skill. This means they must treat their patients with the same amount of care that another equally skilled practitioner would under similar circumstances. Medical malpractice occurs when a professional fails to adhere to this standard. Some examples include:
- Birth injuries
- Anesthesia errors
- Operations on the wrong body part
- Failure to diagnose a condition or misdiagnose a condition
- Leaving surgical instruments in the patient
A Bloomfield medical malpractice attorney can provide more information as well as perform a preliminary investigation into a person’s experience to determine if pursuing the case could result in compensation.
The Role of an Expert in Medical Negligence Cases
The question of whether a provider has committed medical malpractice is often difficult to answer. In most situations, only another healthcare practitioner can accurately evaluate the actions of a provider and form an opinion as to whether that provider failed to act within the standard of care. Because of this, state law requires all people pursuing medical malpractice lawsuits to seek out the testimony of a
qualified expert witness.
A case cannot proceed to trial without a statement from an expert witness confirming there is good reason to believe medical malpractice has occurred. The expert must provide an affidavit to the court no more than 60 days after the defendant provider answers the complaint. The expert witness will also examine the relevant medical records and form an opinion about how the provider was negligent and how this negligence affected the patient. This testimony is often the key piece of evidence in a medical malpractice case.
However, patients and their attorneys have limited time to act in a medical malpractice case. New Jersey Revised Statute § 2A:14-2 states injured patients may have as little as two years from their treatment date—when the malpractice occurred—to seek compensation. A medical malpractice attorney in Bloomfield can take the lead in locating, hiring, and working with expert medical witnesses and filing legal papers in a timely fashion.
Contact a Bloomfield Medical Malpractice Attorney Immediately
Every medical provider has an obligation under the law to provide competent care. They should take every reasonable step to ensure a positive outcome for their patients. When you experience a negative result after visiting a healthcare practitioner—due to that provider failing to follow the standards of care set out by law—then you may have a malpractice case.
A Bloomfield medical malpractice lawyer wants to help you stand up for your legal rights following an act of medical negligence. Our talented team can explain the relevant laws, gather essential evidence, and hire an expert to help prove your case. Give Fredson, Statmore & Bitterman, LLC a call now to get started.