Doctors, nurses, and other medical practitioners hold a huge amount of responsibility in their hands; any medical mistake can have dire, even fatal consequences.
Unfortunately, medical malpractice still occurs every single day throughout the United States. When medical professionals and facilities act negligently or wrongfully, victims of malpractice have the right to take legal action.
At The Donnelly Law Firm, we have more than 50 years of combined experience fighting for justice on behalf of victims of medical malpractice throughout New Jersey and are passionate about securing the full, fair recovery you are owed.
Contact The Donnelly Law Firm online or by phone at (800) 398-1866 today for a free, confidential consultation.
What Constitutes Medical Malpractice?
Not every poor medical outcome is because of medical malpractice. Sometimes a doctor can provide a completely reasonable standard of care and a patient will still suffer negative effects.
In order to have a legitimate medical malpractice claim, you must prove the following:
- First, you must show that the doctor, nurse, facility, etc. owed you a “duty of care.” This can typically be proven simply by showing you were a patient and that a doctor-patient relationship existed.
- Next, you will need to demonstrate that the doctor, nurse, facility, etc. failed to uphold the “standard duty of care.” Essentially, this means that the medical professional/facility in question failed to provide the same level of care that another medical professional/facility could reasonably be expected to provide.
- A doctor’s failure to uphold the standard duty of care can be either negligent or wrongful in nature. For example, an overworked surgeon who accidentally leaves a foreign object inside a patient may be determined to have acted negligently, whereas an anesthesiologist who sees in a patient’s chart that they cannot have anesthesia, yet administers anesthesia anyway has acted wrongfully.
- You will also need to show that the failure to uphold the standard duty of care is what led to your injuries/complications or the death of your loved one, either directly or indirectly.
- Lastly, you will need to prove that the injury/complications led to specific damages. This can include things like further required medical treatment, lost income/wages, physical pain, and emotional suffering.
Our New Jersey medical malpractice attorneys have many years of experience and knowledge that are required to successfully investigate and prove a medical malpractice claim, even in very complex cases. We can conduct a thorough investigation into your situation and determine if a medical professional or facility is responsible for your losses. If so, we will do everything in our power to help you seek justice.
Common Types of Medical Malpractice
While medical malpractice can occur in any number of situations, doctor and hospital mistakes can generally be broken down into these five most common errors:
- Misdiagnosis: This occurs when a doctor improperly diagnoses a patient's condition or fails to diagnose the patient at all, causing them to endure needless procedures or lose time in fighting a critical illness, like cancer.
- Surgical Errors: These cases can include receiving the wrong procedure, surgery on the wrong part of the body, and incorrect administration of anesthesia. The consequences of surgical malpractice are often catastrophic.
- Failure to Treat: This occurs when a doctor correctly diagnoses a patient but then proceeds to treat them with an incorrect or outmoded form of treatment. This can cause the patient extended suffering or even death.
- Birth Injuries: These occur when a doctor, nurse, or midwife fails to properly monitor and address infant distress during pregnancy, labor, or delivery. Common types of birth injuries involve lack of oxygen or blood flow to the brain and damage to the brachial plexus.
- Prescription Drug Errors: These occur when a patient receives the wrong medication, the incorrect dosage of medication, or is prescribed medications that have adverse effects when taken together. These errors can be committed by doctors, hospital staff, and pharmacists.
Recovering Damages for Medical Mistakes
If you are the victim of medical malpractice, you have the right to be financially compensated for the damages you've suffered.
By filing a personal injury lawsuit, you can seek recompense from the negligent party for the following and more:
- Hospital bills, doctor visits, and other medical treatments.
- Lost wages and missed time at work.
- Rehabilitation costs and extended therapy.
- Loss of future earning potential for severe injuries.
- Pain, suffering, and mental anguish.
- Funeral costs and other expenses in from a wrongful death.
Our New Jersey medical malpractice lawyers use their extensive experience, and the input of medical professionals, to determine the full extent of your injuries and what your case is worth. Our team will fight to recover every penny you deserve!
Medical Malpractice FAQs
How long do I have to file a medical malpractice claim in NJ?
The time limit on medical malpractice lawsuits in New Jersey (also known as the statute of limitations) is two years from the date the event took place, or from when the injury was discovered, if within reason. The "discovery rule" is very important for medical malpractice cases because it can take months or even years for some diagnostic errors to be discovered.
Are there damages caps for medical malpractice claims in NJ?
The State of New Jersey does not put any limitations on compensatory damages in medical malpractice lawsuits. These damages are awarded to compensate the plaintiff for expenses related to the injury or for pain and suffering. However, NJ does put a cap on punitive damages. Punitive damages are only awarded if the defendant committed a wanton act or act of malice, and they only apply in rare cases.
Contact The Donnelly Law Firm
We have successfully recovered more than $140 million for our clients. With notable verdicts as well as continuing efforts to help doctors avoid repeating past errors and practice safe medicine, we have been fighting to reduce needless catastrophic medical injuries and deaths. Please allow us to continue that fight with your case.
For legal assistance in Summit and throughout the state of New Jersey, call The Donnelly Law Firm at (800) 398-1866 today. There are never any fees until we recover compensation for you.