Medical malpractice cases are often complex and emotionally challenging for victims and their families. At The Law Offices of Andres, Berger & Tran, we understand how overwhelming it can feel to navigate the legal system after experiencing medical negligence. To help you better understand your options, we’ve compiled the top five questions clients ask about medical malpractice cases in New Jersey, along with clear, straightforward answers. This guide provides valuable information while emphasizing the importance of seeking trusted legal representation to protect your rights.
1. What Is Considered Medical Malpractice in New Jersey?
Medical malpractice refers to cases where healthcare providers, such as a physician, nurse, or medical facility, fails to provide the expected standard of care, causing injury or harm to their patient. In New Jersey, this standard of care is defined as the level of treatment that a reasonably competent professional in the same specialty would provide under similar circumstances.
Examples of medical malpractice include:
- Misdiagnosis or delayed diagnosis
- Surgical errors
- Medication errors
- Birth injuries
- Failure to properly treat an illness
It’s important to note that not every poor medical outcome qualifies as malpractice. Proving a case requires demonstrating that the provider’s negligence directly caused harm. Hiring an experienced medical malpractice lawyer ensures that your case is thoroughly reviewed and supported by expert testimony.
2. How Long Do I Have to File a Medical Malpractice Claim in New Jersey?
New Jersey law imposes a statute of limitations on medical malpractice claims. Generally, you have two years from the date of the injury to file a lawsuit. However, there are important exceptions:
- If the injury was not immediately discovered, the two-year clock begins on the date the injury was reasonably identified (the "discovery rule").
- For minors, the statute of limitations extends until their 18th birthday.
- Claims related to birth injuries must be filed before the child turns 13.
Missing the deadline can result in losing your right to compensation. That’s why it’s critical to contact a skilled medical malpractice attorney as soon as possible to preserve your legal options.
3. What Compensation Can I Recover in a Medical Malpractice Case?
Victims of medical malpractice in New Jersey may be eligible to recover economic and non-economic damages. These damages are designed to compensate you for the harm caused by medical negligence.
Economic damages cover measurable losses such as:
- Medical expenses (current and future)
- Lost wages and loss of earning capacity
- Rehabilitation costs
Non-economic damages address intangible losses, including:
- Pain and suffering
- Emotional distress
- Loss of enjoyment of life
While New Jersey does not cap economic or non-economic damages in most cases, punitive damages (awarded for gross negligence) are capped at $350,000 or five times the compensatory damages, whichever is greater. An attorney with a proven track record can help assess the full value of your claim and ensure you pursue the maximum compensation.
4. How Do You Prove Medical Malpractice in New Jersey?
Proving medical malpractice involves meeting four essential elements:
- Duty of care: The healthcare provider had a legal obligation to deliver competent medical treatment.
- Breach of duty: The provider failed to meet the standard of care.
- Causation: The breach directly caused harm or injury.
- Damages: The patient suffered measurable damages as a result of the negligence.
In New Jersey, you must also submit an Affidavit of Merit within 60 days of filing the lawsuit. This document, signed by a qualified medical expert, confirms that your claim has merit and that negligence likely occurred. Without this affidavit, your case may be dismissed. Because this process requires extensive legal and medical knowledge, it ’s crucial to work with a knowledgeable malpractice attorney who can guide you through each step.
5. Why Should I Hire a New Jersey Medical Malpractice Attorney?
Medical malpractice cases are among the most challenging types of personal injury claims. Healthcare providers and hospitals often have powerful legal teams and insurance companies on their side. Hiring an experienced New Jersey medical malpractice attorney provides several advantages:
- Knowledge of state laws: A qualified lawyer understands the legal nuances of NJ medical malpractice statutes and court procedures.
- Access to medical experts: Attorneys collaborate with trusted medical professionals to evaluate your case and provide expert testimony.
- Thorough investigation: Your lawyer will gather evidence, review medical records, and identify the extent of negligence.
- Maximizing compensation: An attorney will fight to secure fair compensation for your injuries, medical expenses, and emotional suffering.
At The Law Offices of Andres, Berger & Tran, we are dedicated to protecting your rights and holding negligent medical providers accountable.
Why Choose The Law Offices of Andres, Berger & Tran?
Our firm has built a reputation as a trusted advocate for medical malpractice victims in New Jersey. We understand the emotional and physical toll of medical negligence, and we are committed to guiding our clients through every step of the legal process. With years of experience and a proven track record of success, our attorneys work tirelessly to achieve justice for our clients and their families.
Take Action Now: Get the Help You Need with the Medical Malpractice Attorneys at Andres, Berger & Tran
If you or a loved one has been a victim of medical negligence in New Jersey, don’t wait to seek justice. The Law Offices of Andres, Berger & Tran is here to provide the support, legal knowledge, and representation you need to recover compensation and hold negligent parties accountable.
We proudly serve clients throughout New Jersey, including Cherry Hill, Camden, Trenton, Atlantic City, Freehold, Toms River, and surrounding areas. Our compassionate team is ready to listen to your story, answer your questions, and help you take the next steps.
Call us today at (856) 317-6558 or fill out our online contact form to schedule your consultation. Let us help you seek the justice and compensation you deserve.
By choosing The Law Offices of Andres, Berger & Tran, you’re partnering with a dedicated legal team that fights for victims of medical malpractice. We are committed to helping you navigate this difficult time and ensuring your voice is heard.
Disclaimer: This article is for informational purposes only and does not constitute legal advice. Consult with a qualified attorney to discuss the specific details of your case.