We trust our doctors and healthcare professionals with our lives, literally. We expect to receive quality care, which is why being the victim of medical malpractice can be so devastating.
There are many types of medical malpractice, including lack of informed consent, medication errors, misdiagnosis and surgical mistakes.
File within the statute of limitations
If you believe you are a victim of medical malpractice, act quickly. The statute of limitations for medical malpractice actions in New Jersey is two years from the date the cause of action arises.
New Jersey follows the discovery rule when determining when the cause of action arises in medical malpractice cases. This means the statute begins running on the date you discover that you were injured because of medical negligence.
In many cases, the injury or harm is immediately obvious, such as in the case of a surgical error, so the two-year period would start the day after the surgery.
Successfully proving medical malpractice could result in compensation for economic and non-economic damages. Economic damages include medical bills and lost wages. Non-economic damages include pain, suffering and emotional distress.
Documentation and witnesses
After you file your claim, start gathering evidence. Medical documentation is one of the strongest forms of evidence. Gather documentation of all medical treatments and procedures.
Keep records of communications with your doctors or healthcare professionals. Obtain paystubs or tax return records to help prove lost wages.
Expert witnesses often provide valuable testimony in a medical malpractice case. Research and locate professionals with specialized knowledge who could provide expert opinions on exactly how the standard of care was breached in your case.
Consider witnesses who could testify about non-economic damages, such as a spouse or therapist. Start a daily journal documenting your symptoms and pain levels.
Medical malpractice can have serious or life-long effects. When you are the victim of medical malpractice, it is important to have someone on your side who understands the challenges you are facing and can help you build your case.
