Medical negligence is a leading cause of injury and death in the United States. If you or a loved one have suffered a serious injury as a result of medical malpractice in Mercer County, contact a qualified Trenton medical malpractice attorney at the Portlock Law for a consultation. You may be eligible for financial compensation for the losses you have incurred.
What Is Medical Malpractice?
Medical malpractice occurs when a patient is injured as a result of a doctor’s or other healthcare professional’s failure to provide competent medical treatment. When medical malpractice results in an injury, illness, or infection, the at-fault doctor will be liable for damages.
However, not all bad outcomes are due to medical malpractice. In New Jersey, medical malpractice cases hinge on the medical standard of care. Simply put, physicians and other healthcare professionals are required to provide a level of care that a reasonably competent provider with a similar background would have provided. Common examples include:
- Delayed diagnosis
- Failure to diagnose
- Medication errors
- Surgical mistakes
- Anesthesia errors
- Failure to treat
- Emergency room mistakes
- Birth injuries
Even a small mistake on a doctor’s part could prove disastrous for a patient in need of medical treatment. If you believe you are the victim of any type of medical malpractice, contact a skilled Trenton personal injury attorney experienced in medical malpractice cases for assistance right away. You may be entitled to compensation for losses such as additional medical expenses, lost wages, permanent disabilities, pain and suffering, legal fees, death benefits, and punitive damages.
New Jersey Medical Malpractice Laws
Medical malpractice is a highly complex area of law compared to most other types of civil cases. It involves complicated medical matters – such as the medical standard of care – as well as a complex legal process. In almost every case, we recommend you speak with a local Trenton medical malpractice lawyer. However, it is imperative that your attorney has experience handling medical malpractice cases. In order to file a claim, you must be able to prove that:
- A doctor-patient relationship existed
- The medical professional was negligent
- Your injury is a result of that negligence
- The injury cause actual damages
At the Portlock Law, we have significant experience in this area of law and a knowledgeable New Jersey personal injury attorney can help you work through a claim, including navigating all of the medical malpractice laws in New Jersey.
Statute of Limitations
Like all states, New Jersey has a statute of limitations that places a deadline on a claimant’s right to file. You have two years from the date of the medical error or wrongdoing, in most cases. If you do not discover an injury until later, you have two years from the date of discovery. In a case involving a birth injury, you have until your child’s 13th birthday to file.
Affidavit of Merit Requirement
Under state law, within 60 days of the defendant responding to your lawsuit, you must provide an affidavit of merit. This is a legal document with the signature of an appropriate licensed person (a doctor in the same field as the defendant) declaring that he or she has reviewed the key facts of your case and agrees that the defendant’s actions fell outside of acceptable professional standards of care.
Punitive Damage Cap
New Jersey has a punitive damage cap on all personal injury cases of either $350,000 or five times the total amount of compensatory damages (whichever is greater). While punitive damages are rare in a medical malpractice lawsuit, if a judge does award them, the award will be subject to this cap. Your Trenton medical malpractice attorney must show that the defendant acted with malice or a wanton disregard for your safety to qualify for punitive damages.
Schedule a Consultation With a Trenton Medical Malpractice Lawyer
If you or a loved one have been injured as a result of medical malpractice, please contact the Portlock Law for a consultation. We treat our clients with the dignity and respect they deserve after a serious injury. Contact our medical malpractice attorneys in Trenton, NJ, for more information about how we can help you. We do not charge any attorney’s fees on cases until we win.