How long do you have to sue for medical malpractice in NJ?

In New Jersey, you generally have two years from the date of injury or from when you discovered (or reasonably should have discovered) the injury to file a medical malpractice lawsuit, known as the statute of limitations. However, there are important exceptions for minors, and in cases where the malpractice wasn't immediately discoverable (known as the "discovery rule") which is where the advice of medical negligence attorneys in Burlington Township, NJ can bring clarity.

What is the cap on medical malpractice in New Jersey?

There is no cap on compensatory damages in New Jersey medical malpractice cases - meaning there's no upper limit on what a jury can award for actual damages. However, punitive damages in New Jersey medical malpractice cases are capped at either $350,000 or five times the amount of compensatory damages, whichever is greater.

Which element of malpractice is hardest to prove?

Causation is typically the hardest element to prove in medical malpractice cases because you must demonstrate a direct link between the healthcare provider's negligence and your injuries. This is particularly challenging because many patients have underlying medical conditions that could have contributed to poor outcomes regardless of the provider's care.

What is an expert witness in medical malpractice?

Proving causation can require extensive expert testimony to establish that the negative outcome was specifically due to the provider's negligence rather than a known risk of the procedure or the natural progression of the illness. Medical malpractice attorneys often argue that complications would have occurred even with proper treatment.

How long do most malpractice cases take?

Most medical malpractice cases typically take between 1-3 years from filing to resolution, though complex cases can take longer. The timeline is lengthy because these cases require extensive preparation. Factors that can extend the timeline include the complexity of the medical issues, the number of defendants, court backlogs, and whether appeals are filed.

Burlington Township Medical Malpractice Lawyers | Medical Negligence Attorneys in Burlington Township, NJ

Andres Berger Tran/

Burlington Township Medical Malpractice Lawyers

Medical Negligence Attorneys in Burlington Township, NJ Specializing in Healthcare Provider Negligence in Burlington County and Throughout South Jersey

When you or a loved one has suffered harm due to medical negligence in Burlington Township, the aftermath can feel overwhelming and disorienting. Between managing your recovery, dealing with mounting medical bills, and trying to understand your legal rights, the process of seeking justice can seem impossibly complex.

Many victims find themselves confused by New Jersey's strict medical malpractice laws, intimidated by healthcare providers' legal teams, and unsure whether their experience qualifies as malpractice. This is why having experienced Burlington Township medical malpractice lawyers from The Law Offices of Andres, Berger & Tran by your side can make all the difference in your journey toward justice and healing.

When Is a Medical Mistake Malpractice?

Not every adverse medical outcome or mistake qualifies as malpractice, even when a patient experiences harm or disappointing results. Medicine is inherently complex, and healthcare providers can make reasonable decisions based on available information that still lead to poor outcomes. Many medical procedures come with known risks and potential complications that can occur even with perfect care.

The key distinction lies in whether the healthcare provider's actions deviated significantly from the accepted standard of care that a reasonably competent provider would deliver in similar circumstances. For example, if a doctor misses a subtle symptom that most physicians would also have missed given the patient's presentation, this likely isn't malpractice.

Similarly, if a surgery has complications despite being performed correctly, or if a prescribed medication doesn't work as well as hoped despite being an appropriate choice for the condition, these situations generally wouldn't qualify as malpractice. The focus is on whether the provider's decisions and actions were reasonable and aligned with accepted medical practices, not whether the outcome was ideal. Consulting with medical negligence attorneys in Burlington Township, NJ can help you determine if you should file a medical malpractice claim.

Fighting Medical Malpractice Claims Is Complex in Burlington Township

New Jersey law requires an Affidavit of Merit within 60 days of the defendant's response to the lawsuit, where a medical expert must certify there is reasonable probability that the care provided fell outside acceptable professional standards. This affidavit requires both clear evidence of negligence and a qualified expert willing to testify.

Additionally, New Jersey's legal costs for malpractice cases are particularly high due to the state's complex court procedures and expert witness requirements. Cases must demonstrate damages substantial enough to justify these expenses, which can easily exceed $100,000. The state also has specific rules about expert witness qualifications, making it more challenging and expensive to secure qualified experts.

How Burlington Township Medical Malpractice Lawyers Can Help You Seek Justice

When medical care goes wrong in Burlington Township, a qualified medical malpractice lawyer serves as your essential advocate through New Jersey's complex legal system. From your initial consultation, we will carefully review your medical records, consult with medical experts to establish whether malpractice occurred, and handle all aspects of building your case while you focus on recovery.

Your Burlington Township malpractice attorney will thoroughly investigate your case by:

Gathering evidence
Interviewing witnesses
Working with medical specialists who can testify about the standard of care
Accurately valuing your claim by calculating both economic and non-economic damages
Navigating New Jersey's specific medical malpractice laws and court procedure

Our guidance is particularly valuable in negotiating with insurance companies and opposing counsel, who often try to minimize or deny valid claims.

The right medical negligence attorneys in Burlington Township, NJ will also file your claim within the state's two-year statute of limitations and will advance the significant costs associated with medical malpractice litigation. Most importantly, we'll serve as your dedicated advocate, fighting to hold negligent healthcare providers accountable while seeking the compensation you need for medical expenses, lost income, and other damages resulting from substandard care.

Talk Burlington Township Medical Malpractice Lawyers to Learn More About Your Options

If you or a loved one has suffered harm due to possible medical negligence in Burlington Township, don't navigate this challenging situation alone. Our Burlington Township medical malpractice lawyers offer free, confidential consultations to help you understand your legal rights and determine if you have a valid claim.

We'll carefully review your case details, explain New Jersey's medical malpractice laws in clear terms, and outline your options for seeking compensation—all with no upfront costs or obligations. Time is critical in medical malpractice cases, and delaying action could jeopardize your right to seek justice. Contact The Law Offices of Andres, Berger & Tran today to schedule your free case evaluation.

Frequently Asked Questions About Medical Malpractice in Burlington Township

In New Jersey, you generally have two years from the date of injury or from when you discovered (or reasonably should have discovered) the injury to file a medical malpractice lawsuit, known as the statute of limitations. However, there are important exceptions for minors, and in cases where the malpractice wasn't immediately discoverable (known as the "discovery rule") which is where the advice of medical negligence attorneys in Burlington Township, NJ can bring clarity.