How long do I have to file a medical malpractice claim in NJ?

In New Jersey, you generally have two years from the date of the medical error to file a medical malpractice lawsuit, though this deadline may be extended under the "discovery rule" if you couldn't reasonably have known about the malpractice when it occurred. Missing this statute of limitations typically means permanently losing your right to seek compensation, which is why it's crucial to consult with medical negligence attorneys in Atlantic City, NJ as soon as you suspect negligence may have occurred.

What evidence do I need to prove medical malpractice?

Successful medical malpractice claims typically require several types of evidence, including medical records, test results, and documentation of all treatments received. Most importantly, you'll need expert testimony from qualified medical professionals who can establish that your healthcare provider deviated from the standard of care. Additional evidence might include photographs of injuries, documentation of lost wages, proof of additional medical expenses, and records showing how the injury has impacted your daily life.

How much does it cost to file a medical malpractice lawsuit?

Most medical malpractice attorneys work on a contingency fee basis, meaning we only get paid if you win your case or receive a settlement. The typical contingency fee ranges from 33% to 40% of the recovery amount. Malpractice cases often require significant costs for expert witnesses, medical record collection, court filing fees, and depositions. However, many Atlantic City medical malpractice lawyers will advance these costs and recover them from any settlement or verdict.

What compensation can I receive in a medical malpractice case?

Compensation in medical malpractice cases can include both economic and non-economic damages. Economic damages cover concrete costs like additional medical expenses, lost wages, future medical care, and lost earning capacity. Non-economic damages compensate for intangible losses such as pain and suffering, emotional distress, loss of enjoyment of life, and permanent disability.

How does a preexisting condition affect my medical malpractice claim?

Having a preexisting condition doesn't prevent you from pursuing a medical malpractice claim, but it may affect how your case is handled and evaluated. Under New Jersey law, healthcare providers take patients "as they find them," meaning they must provide appropriate care considering your existing health conditions. If a doctor's negligence made your preexisting condition worse or caused new complications, you can still seek compensation for this additional harm.

Atlantic City Medical Malpractice Lawyers | Medical Negligence Attorneys in Atlantic City, NJ

Andres Berger Tran/

Atlantic City Medical Malpractice Lawyers

Medical Negligence Attorneys in Atlantic City, NJ Advocating for Patients' Rights in Atlantic County and Throughout South Jersey

After experiencing harm due to medical negligence in Atlantic City, trying to understand your rights and pursue justice can feel like an overwhelming challenge. Between managing your recovery, dealing with mounting medical bills, and attempting to navigate New Jersey's complex medical malpractice laws, many victims find themselves feeling lost and uncertain about their next steps.

This is where experienced Atlantic City medical malpractice lawyers from The Law Offices of Andres, Berger & Tran become invaluable. We not only understand the intricacies of New Jersey's strict malpractice laws and filing requirements, but we also have the resources to thoroughly investigate your case, gather expert testimony, and fight for the compensation you deserve while you focus on healing.

What Constitutes Medical Malpractice?

Medical malpractice occurs when a healthcare provider's treatment falls below the accepted standard of care, resulting in harm to a patient. For malpractice to exist, there must first be an established doctor-patient relationship, creating a duty of care. The provider must then breach this duty by failing to provide treatment that meets accepted medical standards—for example, through misdiagnosis, surgical errors, medication mistakes, or failure to obtain informed consent.

Additionally, there must be a direct link between the provider's substandard care and the patient's injury or harm (causation), and the patient must have suffered actual damages. These damages can be physical, financial, or both, including additional medical expenses, lost wages, pain and suffering, disability, or in severe cases, death. Proving all these elements—duty, breach, causation, and damages—is essential for a successful malpractice.

How Atlantic City Medical Malpractice Lawyers Can Prove Your Case

If you or a loved one were injured by a medical professional’s mistake, your medical negligence attorneys in Atlantic City, NJ, will take steps to document their liability. To prove medical malpractice in New Jersey, you must establish four key elements:

Duty of care: You must prove a doctor-patient relationship existed, establishing that the healthcare provider had a duty to care for you according to accepted medical standards.
Breach of standard of care: You need to prove that the healthcare provider deviated from the accepted standards of care in the medical community. This can sometimes require an Affidavit of Merit from a qualified medical expert within a certain time period of the defendant's response.
Causation: You must demonstrate that the healthcare provider's breach of the standard of care directly caused your injury. This means proving that your injuries wouldn't have occurred without the provider's negligence.
Damages: You must show actual damages resulting from the malpractice, such as additional medical bills, lost wages, pain and suffering, or other quantifiable losses.

Additionally, in New Jersey, the "substantial factor" test applies - meaning you must prove the healthcare provider's negligence was a substantial factor in causing your injuries, not just a remote or minor factor.

Get Help From Atlantic City Medical Malpractice Lawyers

Don't let questions about your medical malpractice case keep you up at night. If you or a loved one has suffered harm due to potential medical negligence, our experienced medical negligence attorneys in Atlantic City, NJ from Andres, Berger & Tran are here to help you understand your rights and options.

Our Atlantic City medical malpractice lawyers offer free, confidential consultations where we'll review your case details, explain how New Jersey medical malpractice law applies to your situation, and outline potential paths to compensation. You won't pay anything unless we secure compensation for your injuries.

Time is critical in medical malpractice cases, and waiting too long could jeopardize your right to seek justice. Let our experienced legal team handle the complexities of your case while you focus on what matters most: your recovery. Don't face this challenging time alone; reach out now to learn how we can help protect your rights and fight for the compensation you deserve.

Frequently Asked Questions About Medical Malpractice in Atlantic City

In New Jersey, you generally have two years from the date of the medical error to file a medical malpractice lawsuit, though this deadline may be extended under the "discovery rule" if you couldn't reasonably have known about the malpractice when it occurred. Missing this statute of limitations typically means permanently losing your right to seek compensation, which is why it's crucial to consult with medical negligence attorneys in Atlantic City, NJ as soon as you suspect negligence may have occurred.
Successful medical malpractice claims typically require several types of evidence, including medical records, test results, and documentation of all treatments received. Most importantly, you'll need expert testimony from qualified medical professionals who can establish that your healthcare provider deviated from the standard of care. Additional evidence might include photographs of injuries, documentation of lost wages, proof of additional medical expenses, and records showing how the injury has impacted your daily life.
Most medical malpractice attorneys work on a contingency fee basis, meaning we only get paid if you win your case or receive a settlement. The typical contingency fee ranges from 33% to 40% of the recovery amount. Malpractice cases often require significant costs for expert witnesses, medical record collection, court filing fees, and depositions. However, many Atlantic City medical malpractice lawyers will advance these costs and recover them from any settlement or verdict.
Having a preexisting condition doesn't prevent you from pursuing a medical malpractice claim, but it may affect how your case is handled and evaluated. Under New Jersey law, healthcare providers take patients "as they find them," meaning they must provide appropriate care considering your existing health conditions. If a doctor's negligence made your preexisting condition worse or caused new complications, you can still seek compensation for this additional harm.