When health care providers make mistakes, the consequences can shatter lives. You trust doctors and nurses with your well-being, but sometimes that trust gets broken through negligence or errors.
Many New Jersey residents suffer from medical mistakes, yet struggle to recognize when they’ve been harmed by substandard care. The confusion often stems from not understanding what constitutes medical malpractice.
Here are five frequently asked questions about these complicated claims.
What qualifies as medical malpractice?
Malpractice occurs when a health care provider strays from the accepted standard of care, causing you harm. This means your doctor, nurse or hospital failed to provide treatment that reasonably competent medical professionals would have provided in similar circumstances.
Not all bad outcomes qualify as malpractice. The care you received must fall below professional standards and directly cause your injury. Examples include surgical errors, misdiagnosis, medication mistakes or birth injuries.
How long do I have to file a claim in New Jersey?
You must file your medical malpractice lawsuit within two years from when you discovered (or should have discovered) the injury. This “discovery rule” recognizes that some medical errors aren’t immediately apparent.
For children under 18, the timeline extends until they turn 20. But don’t wait too long, as missing this deadline typically means losing your right to compensation regardless of the severity of your injuries.
What compensation can I recover?
You may receive compensation for medical bills, lost wages, pain and suffering, and future medical care needs. New Jersey doesn’t cap economic damages like medical expenses or lost income.
However, in cases not involving death, permanent disability or disfigurement, noneconomic damages (pain and suffering) might be limited. Your recovery depends on factors like injury severity, impact on your life and strength of evidence.
Do most cases settle or go to trial?
Most medical malpractice claims are settled before trial, but insurance companies often resist fair settlements initially, which might necessitate filing a lawsuit to pressure the health care provider’s insurer toward reasonable compensation.
The settlement process typically involves negotiations between attorneys after gathering medical records, expert opinions and other evidence. Trials become necessary when parties can’t agree on liability or appropriate compensation.
What evidence do I need?
You’ll need medical records, expert testimony, documentation of your injuries and evidence of damages. New Jersey law requires an “affidavit of merit” from a qualified health care professional stating that your case is legitimate.
This affidavit must confirm that the care you received fell below acceptable standards. Additional evidence might include witness statements, medical bills, proof of lost wages and documentation showing how the injury affects your daily life.
Discuss a medical error with a knowledgeable lawyer
An experienced medical malpractice attorney can evaluate your situation and determine if you have grounds for a claim. Skilled lawyers can thoroughly investigate your case, gather crucial evidence and fight for the compensation you need to move forward.
