Medical malpractice refers to negligent and or careless actions by a nurse, doctor, hospital, chiropractor, PPO’s, HMOs, or any other type of licensed healthcare professional. The carelessness on their part is in contrast to general medical standards both in the state and nationally. It’s important to note this doesn’t include unexpected or unpreventable results; the negligence has to be proved to receive appropriate compensation. 

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 techniques during labor, or improper prescriptions can be eligible for compensation. These 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, the aim is to focus on your legal rights and make sure you receive appropriate compensation. Due to our years of experience in handling medical malpractice cases, we recognize the importance of a thorough investigative and 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. Please note, our team of personal injury lawyers has proven experience in winning settlements outside of court and 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 NJ 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 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. State law expects patients to sign a request form and have it presented to the medical facility before these 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. The health care professional is legally expected to advise the patient about the procedure and highlight all relevant consequences in advance. If the patient approves, health care considers this providing “informed consent.” However, if the doctor fails to do this, 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?

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 medical malpractice attorney.


Is there a Statute of Limitations for NJ Medical Malpractice Lawsuits?

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 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. Going with David A  DiBrigida, a trusted medical malpractice attorney in New Jersey or Pennsylvania, 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.

If you or a loved one has been harmed by sub-standard health care, David can help you.  David understands how medical malpractice cases work and can explain your legal options.  Call David, your Injury lawyer today for a no obligation consultation.

To protect your legal rights, call David today at 800-322-5529 for a FREE consultation.