Medical malpractice refers to negligent and or careless actions by a nurse, doctor, hospital, chiropractor, PPO, HMO, or any other type of licensed healthcare professional.
The carelessness on their part is in contrast to general medical standards both in the state of New Jersey and nationally.
If you are a victim of medical malpractice in New Jersey, you may be entitled to compensation for damages incurred.
According to the law, a patient that has been harmed due to a health care professional’s diagnosis, lack of diagnosis, unsafe treatment plan, birth-related injuries during labor, or improper prescriptions can be eligible for compensation.
Medical malpractice determinations are made by both medical professionals and the law to pinpoint whether or not the case warrants further investigation and a possible settlement.
To learn more, we recommend speaking with a legal professional to learn more about what should happen next in your case.
New Jersey Medical Malpractice Cases
At the Law Offices of David A. DiBrigida, our focus is on your legal rights and our firm will make sure you receive appropriate compensation for your medical malpractice case.
Due to our years of experience in handling NJ medical malpractice cases, we recognize the importance of a thorough investigation and a detailed process.
Our law firm continues to help victims and their families in medical malpractice cases by obtaining settlements for pain, suffering, medical expenses, and or lost wages. In some cases, these results are only possible by going to trial.
Over the past 28 years, our team of personal injury lawyers have won thousands of settlements outside of court and we understand the value of making the process stress-free for our clients.
NJ Medical Malpractice FAQs
For those wanting to learn more about the legal process and what a medical malpractice lawsuit entails, here are some of the most important steps to protect your legal rights.
Is my case a medical malpractice lawsuit?
Since unpreventable medical results don’t constitute medical malpractice, this is a common question asked by potential legal clients.
In general, there are times when the right medical decisions can still lead to unwanted results.
It’s imperative to have a valid medical testimony from an industry expert to determine what a well-trained health care provider would have done in the same situation.
If it doesn’t match what happened, then you will have a reasonable case.
Determining eligibility depends on what is expected as reasonable care based on the knowledge a health care provider has, what the local regulations are, and where the care was provided.
All of this has to match with the expert testimony to show why a health care professional was negligent or careless.
Can a medical malpractice lawsuit be filed in NJ against someone other than a doctor?
Yes, a New Jersey medical malpractice lawsuit can be filed against both health care providers and or health care entities such as medical facilities, hospital groups, optometrists, technicians, doctors, nurses, and physical therapists.
How do I access my medical records?
A patient has complete legal right over their medical records and can obtain copies whenever they wish to do so.
NJ state law requires patients to sign a request form and have it presented to the medical facility before their records are released.
As a result, the requests can take time to process, and sometimes these requests have to be made in various areas at the same time.
An excellent example of this would be obtaining medical records at a family physician’s office and then reaching out to a pharmacist to obtain prescription-related records.
Each request has to be made separately to gain a comprehensive look at what transpired and whether or not it involved medical malpractice.
You will be expected to contact all relevant service providers to make these requests and there may be associated costs with obtaining these records.
What is informed consent?
Informed consent refers to a patient’s approval before the doctor performs a procedure. Health care professionals are legally required to advise patients about their procedures and all of the potential consequences in advance.
If the patient approves, health care considers this as providing “informed consent”. However, if the doctor fails to receive consent, the patient can file a medical malpractice case.
It’s important to note that sometimes a doctor doesn’t require informed consent. A sound example of this would be an unconscious patient where a family member or loved one can’t be reached. The same applies to unconscious patients without a living will.
In most situations, personal injury lawyers will represent these cases based on the actions taken by the doctor.
What is the average settlement amount for a medical malpractice case in New Jersey?
Each medical malpractice lawsuit is different in terms of the underlying facts, medical decisions, and damages.
Providing an average settlement amount doesn’t do your specific situation justice. There are several details to go through before a reasonable settlement amount is figured out, including lost wages, the type of injury a patient is dealing with, and what was done by the health care professional.
The location of where the medical malpractice took place is also a key. The only way to gain a better understanding of your case is to speak to a qualified New Jersey medical malpractice attorney.
Is there a Statute of Limitations for a New Jersey Medical Malpractice lawsuit?
The statute of limitations for medical malpractice cases is dependent on state and federal laws but will be somewhere between 1-7 years.
In some situations, the window can be extended based on the underlying circumstances such as the injured party being a minor at the time of the medical malpractice, or not learning about the negligence until later on.
In these cases, a claim can be filed despite the statute of limitations passing.
Due to this, it’s best to speak to a medical malpractice attorney to learn about your options.
If you or a loved one has been injured due to medical malpractice, it’s crucial to determine what happens next.
It’s time to reach out to a qualified medical malpractice lawyer right away. Reaching out now will ensure you learn more about your options, what type of compensation you’re eligible for, and how likely it is to receive compensation.
Contacting David A. DiBrigida, a trusted New Jersey medical malpractice attorney for 28 years, is essential to make sure your future is a healthy and safe one. Call today at (800) 322‑5529 for more information.
New Jersey Medical Malpractice Attorney
Have you been Injured due to Medical Malpractice?
If you or someone you love has suffered a catastrophic, life-changing injury as the result of the negligence of a doctor, hospital, nurse or other medical professional or facility, call our offices today for a FREE consultation.
The Law Offices of David A. DiBrigida can help you. Our New Jersey medical malpractice lawyers have 28 years of experience winning cases like yours and we can explain your legal options.
To protect your legal rights, call us today at 800-322-5529 for a FREE consultation.