Which element of medical malpractice is hardest to prove?

Causation is typically the most challenging element to prove in a medical malpractice case. This can be particularly difficult because many patients have underlying medical conditions, and healthcare providers often argue that complications resulted from these pre-existing conditions rather than their care. Additionally, multiple providers may have been involved in your treatment, making it harder to pinpoint exactly who caused your injury and how.

What happens during a medical malpractice lawsuit?

A medical malpractice lawsuit typically begins with your medical negligence attorneys in Deptford, NJ filing a complaint, followed by the discovery phase where both sides gather evidence through document requests, interrogatories, and depositions. Expert witnesses are retained to review medical records and provide opinions on the standard of care. Often, there are settlement negotiations between the parties, and if no agreement is reached, the case proceeds to trial.

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

In New Jersey, you generally have two years from the date of the medical error or from when you reasonably discovered the injury to file a medical malpractice lawsuit. This is known as the statute of limitations. Because missing this deadline typically means permanently losing your right to seek compensation, it's crucial to consult with a medical malpractice attorney as soon as possible so your claim is filed within the appropriate timeframe.

What is the cap on medical malpractice in New Jersey?

New Jersey does not impose caps on compensatory damages (economic and non-economic damages) in medical malpractice cases, meaning there's no limit on the amount you can recover for medical expenses, lost wages, pain and suffering, and other losses. However, punitive damages, which are meant to punish particularly egregious conduct, are capped at five times the amount of compensatory damages or $350,000, whichever is greater.

Deptford Medical Malpractice Lawyers | Medical Negligence Attorneys in Deptford, NJ

Andres Berger Tran/

Deptford Medical Malpractice Lawyers

Medical Negligence Attorneys in Deptford, NJ Committed to Securing Compensation for Medical Negligence Victims in Gloucester County and Throughout South Jersey

Medical malpractice cases are among the most complex personal injury claims, requiring sophisticated legal knowledge to navigate successfully. When healthcare providers fail to meet the accepted standard of care, those who have been injured by medical mistakes and their loved ones may quickly find themselves in over their heads if they try to seek justice on their own.

At Andres, Berger & Tran, our Deptford medical malpractice lawyers combine decades of trial experience with a deep understanding of healthcare standards to hold negligent providers accountable and secure the compensation our clients deserve.

Whether you've suffered from a surgical error, misdiagnosis, medication mistake, or other form of medical negligence, our dedicated legal team of medical negligence attorneys in Deptford, NJ has the resources and proven track record to guide you through this challenging time and fight for your rights. We won’t back down until we see that justice is served.

Types of Claims Our Deptford Medical Malpractice Lawyers Represent

Medical malpractice claims arise when healthcare providers fail to meet the accepted standard of care, causing serious harm to patients, and our Deptford medical malpractice attorneys handle a wide range of negligence cases, each requiring thorough investigation, expert testimony, and skilled legal representation to secure fair compensation for victims.

If you’ve been harmed in any of the following scenarios, we may be able to help you:

Misdiagnosis or delayed diagnosis: Failing to correctly identify or timely diagnose a condition, leading to delayed treatment or incorrect treatment that worsens the patient's condition.
Surgical errors: Mistakes during surgery such as operating on the wrong part of the patient’s body or causing unnecessary damage to surrounding tissues or organs.
Birth injuries: Negligence during pregnancy, labor, or delivery that results in harm to the newborn or its mother, including conditions like cerebral palsy or shoulder dystocia.
Medication errors: Prescribing the wrong medication, incorrect dosage, or failing to check for dangerous drug interactions or allergies.
Anesthesia errors: Giving a patient too much or too little anesthesia, failing to monitor their vitals, or not reviewing their medical history for potential complications.
Hospital infections: Failing to maintain proper sanitation protocols or prevent the spread of dangerous infections in healthcare settings.
Emergency room errors: Missing critical diagnoses or delayed treatment in emergency situations due to inadequate triage, understaffing, or poor communication.
Laboratory mistakes: Errors in blood work, tissue samples, or other diagnostic tests that lead to incorrect treatment decisions.
Failure to monitor: Not properly tracking a patient's vital signs, symptoms, or response to treatment, resulting in preventable complications.
Informed consent violations: Performing procedures without properly explaining the risks and alternatives to patients or obtaining proper consent.
Premature discharge: Releasing patients from care too early, leading to complications or readmission.
Communication errors: Poor communication between healthcare providers that results in treatment mistakes or overlooked symptoms.
Treatment delays: Failing to provide timely medical care when a condition requires immediate attention.
Nursing home negligence: Substandard care in long-term care facilities, including medication errors, falls, or failure to prevent bedsores.
Radiology errors: Misreading X-rays, MRIs, CT scans, or other imaging studies, leading to missed diagnoses or inappropriate treatment.

While these represent many common types of medical malpractice claims, any situation where a healthcare provider's negligence causes patient harm may constitute a valid medical malpractice claim. If you or a loved one has suffered injury due to substandard medical care, regardless of the specific circumstances, consult with medical negligence attorneys in Deptford, NJ, who can evaluate your case.

Talk to a Deptford Medical Malpractice Lawyer for Free

At The Law Offices of Andres, Berger & Tran, our award-winning legal team has built a reputation for excellence in medical malpractice litigation throughout New Jersey. We don't just handle your case – we launch a comprehensive investigation into your injury, so no detail is overlooked and no stone left unturned in building your claim.

From managing complex interactions with healthcare providers and insurance companies to presenting compelling arguments in the courtroom, our experienced Deptford medical malpractice attorneys stand ready to fight for the compensation you deserve.

We understand the physical, emotional, and financial toll that medical negligence takes on victims and their families, which is why we offer free consultations and work on a contingency fee basis – meaning you pay nothing unless we win your case. Don't let medical negligence define your future. Contact our Deptford medical malpractice lawyers to schedule your free consultation.

Frequently Asked Questions About Medical Malpractice in Deptford

Causation is typically the most challenging element to prove in a medical malpractice case. This can be particularly difficult because many patients have underlying medical conditions, and healthcare providers often argue that complications resulted from these pre-existing conditions rather than their care. Additionally, multiple providers may have been involved in your treatment, making it harder to pinpoint exactly who caused your injury and how.
A medical malpractice lawsuit typically begins with your medical negligence attorneys in Deptford, NJ filing a complaint, followed by the discovery phase where both sides gather evidence through document requests, interrogatories, and depositions. Expert witnesses are retained to review medical records and provide opinions on the standard of care. Often, there are settlement negotiations between the parties, and if no agreement is reached, the case proceeds to trial.
In New Jersey, you generally have two years from the date of the medical error or from when you reasonably discovered the injury to file a medical malpractice lawsuit. This is known as the statute of limitations. Because missing this deadline typically means permanently losing your right to seek compensation, it's crucial to consult with a medical malpractice attorney as soon as possible so your claim is filed within the appropriate timeframe.
New Jersey does not impose caps on compensatory damages (economic and non-economic damages) in medical malpractice cases, meaning there's no limit on the amount you can recover for medical expenses, lost wages, pain and suffering, and other losses. However, punitive damages, which are meant to punish particularly egregious conduct, are capped at five times the amount of compensatory damages or $350,000, whichever is greater.