When a healthcare provider makes an error that worsens a patient’s condition instead of improving it, the results can devastate their health and well-being. Malpractice may delay accurate diagnoses, lead to unnecessary side effects, or cause direct harm. A Piscataway medical malpractice lawyer can help address the healthcare provider’s potential errors. If you suspect medical negligence, an experienced personal injury attorney can clarify your options. Since medical malpractice cases involve complex legal issues, seeking legal advice is essential.
When Can an Injured Person Sue For Medical Malpractice?
Not all bad medical outcomes result from malpractice. To pursue a successful medical malpractice claim, an injured individual must show that their doctor or another healthcare provider failed to meet the standard of care and caused harm as a result. Common examples of malpractice include:
- Prescribing incorrect medication dosages
- Surgical errors
- Missed diagnoses
Depending on the circumstances, individuals may have the option to pursue legal action against various healthcare providers, such as nurses, technicians, pharmacists, or doctors.
Timing plays a crucial role in a malpractice case. In New Jersey, patients have two years from the date they discover their injury to file a lawsuit. In some situations, patients may realize their injury years after it happens. In such cases, they must show they could not have reasonably identified the injury sooner. For minors, the rules differ. If malpractice involves a child, the two-year time limit begins on their 18th birthday. A medical malpractice lawyer in Piscataway can help injured patients navigate these timelines and determine the best course of action for their case.
What State Laws Affect a Medical Malpractice Claim?
New Jersey civil Statutes § 2A:53A-27 mandates that individuals who file medical malpractice claims submit an affidavit of merit. A qualified healthcare provider, typically one practicing in the same specialty as the defendant, must prepare the affidavit stating that the care provided likely deviated from accepted medical standards. After the injured party’s Piscataway attorney files the medical malpractice lawsuit, the healthcare provider files a response. Claimants must submit the affidavit of merit within 60 days of receiving this response.
Unlike many states, New Jersey does not limit the compensatory damages a person can receive in a medical malpractice case. These include:
Direct compensation for financial losses, such as:
- Medical bills
- Lost income
- Future medical expenses
Compensation for intangible losses, such as:
- Emotional suffering
- Loss of companionship
- Loss of enjoyment of life
The only damage limits in a medical malpractice case apply to punitive damages, which punish the person responsible if they acted with especially reckless or malicious behavior. New Jersey Statutes § 2A:15-5.14 caps punitive damages at five times the total compensatory damages or $350,000, whichever is larger. However, the court rarely awards punitive damages in medical malpractice cases, so this limit typically does not apply.
Talk to a Piscataway Medical Malpractice Attorney About Your Case Today
Dealing with medical malpractice can be overwhelming. You may be dealing with physical pain, new and complex healthcare needs, and a change in your ability to work. A Piscataway medical malpractice lawyer can help you navigate the complexities of your case and get the best possible outcome. Contact Fredson Statmore Bitterman, LLC, to schedule your free initial consultation today.