What if my doctor blames my injury on a pre-existing condition?

Pre-existing conditions don't prevent you from filing a malpractice claim if the doctor's negligence made your condition worse than it would have been otherwise. Medical experts can help differentiate between problems caused by malpractice versus natural progression of your condition. The "eggshell plaintiff" rule requires doctors to provide appropriate care regardless of pre-existing conditions.

Can I sue if medical equipment malfunctioned during my procedure?

Equipment malfunction cases can involve multiple liable parties, including the hospital, device manufacturer, and maintenance providers. Healthcare facilities have a duty to properly maintain and test medical equipment and train staff in its proper use. These cases often require both medical and technical experts to establish how the malfunction occurred and who was responsible.

What happens if my doctor retires or moves after making a mistake?

A doctor's retirement or relocation doesn't prevent you from filing a malpractice claim, as their malpractice insurance typically covers incidents that occurred while they were practicing. Your attorney can locate the doctor and their insurance carrier through medical board records and other sources. The case can proceed even if the doctor is no longer practicing in the area.

How do expert witnesses evaluate my case?

Expert witnesses review all medical records, test results, and treatment notes to determine if care met professional standards. They provide written opinions explaining how the healthcare provider deviated from the standard of care and how this caused injury. Medical experts also testify about proper treatment protocols and what should have been done differently.

What should I do if a hospital offers me a quick settlement?

Quick settlement offers are often far less than your case is worth and may come before the full extent of your injuries is known. Never accept a settlement without having it reviewed by experienced medical negligence attorneys in Hamilton Township, NJ. Early settlements usually require you to waive all future claims, which could be devastating if your condition worsens.

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

Andres Berger Tran/

Hamilton Township Medical Malpractice Lawyers

Medical Negligence Attorneys in Hamilton Township, NJ Specializing in Legal Representation for Medical Malpractice Cases in Mercer County and Throughout South Jersey

When medical negligence turns your life upside down, you need experienced advocates who understand both the medical and legal complexities of your case. At Andres, Berger & Tran, our Hamilton Township medical malpractice lawyers combine extensive resources, unwavering determination, and genuine compassion to build compelling cases for victims of medical errors.

When you reach out to our medical malpractice team, we immediately begin investigating your case, gathering crucial evidence, and consulting with leading medical experts to establish how your healthcare provider failed to meet accepted standards of care.

Our medical negligence attorneys in Hamilton Township, NJ are committed to personalized client service, meaning we're accessible to answer your questions and will even visit you at home or in the hospital if needed. Contact us today to speak with an experienced medical malpractice attorney who will fight tirelessly to protect your rights and secure the compensation you need to move forward.

Medical Mistakes That Can Form the Basis of a Medical Malpractice Claim in Hamilton Township

When healthcare providers fail to meet the accepted standard of care in their field, their negligence can take many forms, and our Hamilton Township medical malpractice lawyers handle cases involving a wide range of preventable medical errors that cause serious harm to patients, from diagnostic mistakes and surgical errors to medication mishaps and birth injuries. These include:

Diagnostic errors: This can include the misdiagnosis of conditions, delayed diagnosis of serious illnesses, the failure to identify cancer or heart conditions, missing obvious symptoms, and not ordering appropriate tests.
Surgical mistakes: This can include wrong-site surgery, operating on the wrong patient, lLeaving surgical instruments inside the patient, post-operative infection, and anesthesia errors.
Medication errors: This can include prescribing wrong medication, incorrect dosage, missing drug interactions, pharmacy dispensing errors, and medication administration mistakes.
Birth injuries: This can include delayed C-section, oxygen deprivation, the improper use of delivery tools, the failure to monitor fetal distress, and birth trauma.
Hospital negligence: This can include poor sanitation protocols, inadequate staffing, communication failures, improper patient monitoring, and equipment malfunctions.
Emergency room errors: This can include missed diagnoses, treatment delays, patient dumping, triage mistakes, and the failure to order tests.

Each of these errors must involve a breach of the accepted standard of care that directly caused patient harm to support a valid malpractice claim. Our medical negligence attorneys in Hamilton Township, NJ, carefully evaluate potential claims to determine if negligence occurred and build strong cases for maximum compensation.

The Deadline to File a Medical Malpractice Claim in Hamilton Township, 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, but missing this critical deadline, known as the statute of limitations, typically means permanently losing your right to seek compensation and hold negligent healthcare providers accountable.

While there are some exceptions – for instance, children have until their 13th birthday for injuries that occurred during childhood, and the discovery rule may extend the deadline in cases where the injury couldn't reasonably have been discovered earlier – courts strictly enforce these time limits and rarely grant exceptions. This is why it's crucial to consult with an experienced medical malpractice attorney as soon as possible after discovering a medical error.

Hamilton Township Medical Malpractice Lawyers Can Explain Your Legal Options

When medical negligence leaves you or a loved one suffering, understanding your legal options is the first step toward securing the compensation you deserve. At The Law Offices of Andres, Berger & Tran, our Hamilton Township medical malpractice lawyers will evaluate your case, explain your rights, and outline all available paths to recovering damages for your injuries.

During your free consultation, we'll listen to your story, answer your questions, and help you understand how we can build a strong case. With our experience handling complex medical malpractice claims and proven track record of success, we make it possible for victims to pursue justice without financial risk – you pay nothing unless we win your case.

Frequently Asked Questions About Medical Malpractice in Hamilton Township

Pre-existing conditions don't prevent you from filing a malpractice claim if the doctor's negligence made your condition worse than it would have been otherwise. Medical experts can help differentiate between problems caused by malpractice versus natural progression of your condition. The "eggshell plaintiff" rule requires doctors to provide appropriate care regardless of pre-existing conditions.