Can I file a medical malpractice claim for misdiagnosis?

Yes, you can file a medical malpractice claim for misdiagnosis if the healthcare provider failed to meet the standard of care in making a diagnosis, and this failure caused harm. This includes cases of wrong diagnosis, delayed diagnosis, or failure to diagnose. However, not all diagnostic errors constitute malpractice – you must prove that a competent doctor would have made the correct diagnosis under similar circumstances and that the misdiagnosis led to harm.

What is the time limit to file a medical malpractice case involving a child in NJ?

In New Jersey, a minor child has until their 13th birthday to file a medical malpractice claim, regardless of when the malpractice occurred during their childhood. However, if the malpractice occurred after the child's 13th birthday, the standard two-year statute of limitations applies. In cases involving birth injuries, parents typically have two years from the date of birth to file a claim for their own damages related to the malpractice.

How do insurance companies handle medical malpractice claims?

Insurance companies typically handle medical malpractice claims with extreme caution and scrutiny, often employing teams of investigators, medical experts, and attorneys to evaluate claims. They often initially attempt to minimize payouts by disputing liability, questioning causation, or arguing about the extent of damages. They may also try to settle quickly for a lower amount if they believe the case has merit.

What percentage of medical malpractice cases actually go to trial?

Only a small percentage of medical malpractice cases typically go to trial, with the vast majority being settled out of court or dismissed before trial. Cases that make it to trial often involve more serious injuries or unclear liability, while clear-cut cases of negligence are more likely to settle. This low trial rate reflects both the high costs and risks associated with trials, as well as the effectiveness of alternative dispute resolution methods like mediation and settlement negotiations in resolving these complex cases.

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

Andres Berger Tran/

Winslow Township Medical Malpractice Lawyers

Medical Negligence Attorneys in Winslow Township, NJ Advocating for Fair Treatment and Proper Medical Practice in Camden County and Throughout South Jersey

In New Jersey victims of medical negligence are entitled to compensation for their damages under the law. The Law Offices of Andres, Berger & Tran have the resources and the drive to do whatever is necessary to build compelling arguments to prove your claim.

Our Winslow township medical malpractice lawyers fight for clients who are entitled to obtain full compensation after a medical mistake. With a reputation for hard work and genuine concern for clients’ well-being, we seek to accommodate clients’ needs in any way possible — such as by offering free consultations, working on a contingency basis, and making home and hospital visits as needed.

We are committed to protecting the rights of victims of medical malpractice. The first step on your journey to justice is arranging a free consultation with us.

A Doctor’s Mistake Can End Your Life as You Once Knew It

A doctor's mistake can transform your life in profound and devastating ways that ripple through every aspect of your daily existence. What might seem like a simple error – misreading a test result, prescribing the wrong medication, or making a surgical mistake – can lead to severe complications that leave you permanently disabled, in chronic pain, or unable to work and enjoy life as you once did.

The financial impact of medical malpractice often compounds these physical and emotional challenges. Lost wages due to inability to work, combined with mounting medical bills, can destroy financial security and force families to deplete retirement savings or even face bankruptcy. The need for home modifications, medical equipment, or long-term care services adds another layer of financial burden that can seem insurmountable.

These life-altering consequences are why victims of medical malpractice deserve full and fair compensation. When a healthcare provider's negligence drastically changes your life, you shouldn't have to bear the financial burden of their mistake. Compensation through a medical malpractice claim isn't about seeking revenge – it's about securing the resources you need to adapt to your new reality and maintain the best possible quality of life. Contact medical negligence attorneys in Winslow Township, NJ today to help you take the first step toward reclaiming your future.

How a Winslow Township Medical Malpractice Lawyer Can Help You Move Forward

An experienced medical malpractice lawyer serves as both your advocate and guide through the complex process of pursuing justice after a medical error has disrupted your life. At Andres, Berger & Tran, our medical negligence attorneys in Winslow Township, NJ, immediately begin:

Investigating your case thoroughly
Gathering and reviewing all relevant medical records
Consulting with expert medical witnesses
Documenting the full extent of your injuries and damages
Identifying all potentially liable parties
Calculating current and future medical expenses
Evaluating lost wages and earning capacity
Assessing your long-term care needs
Analyzing hospital protocols and procedures
Reviewing staff credentials and training
Interviewing witnesses and healthcare providers
Filing necessary legal documents within deadlines
Building a comprehensive timeline of events
Documenting all communication between providers
Analyzing similar cases and precedents
Preparing evidence for potential trial
Developing effective legal strategies
Negotiating with insurance companies
Protecting your rights throughout the process

We handle all communication with insurance companies and healthcare providers, protecting you from potentially damaging interactions while building the strongest possible case for maximum compensation. This allows you to focus on your recovery while we manage the legal complexities of your claim.

Let a Winslow Township Medical Malpractice Lawyer Fight for Your Rights

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 Winslow Township medical malpractice lawyers have the legal knowledge, resources, and determination to hold negligent healthcare providers accountable and fight for the compensation you deserve.

From misdiagnosis and surgical errors to medication mistakes and birth injuries, we handle all types of medical malpractice cases with the thorough preparation and aggressive advocacy needed to secure optimal results.

Don't face this challenging time alone – let our dedicated legal team of medical negligence attorneys in Winslow Township, NJ guide you through the complex process of pursuing a medical malpractice claim while you focus on your recovery. We offer free consultations to evaluate your case, advance all costs of litigation, and work on a contingency fee basis, meaning you pay nothing unless we win.

Frequently Asked Questions About Medical Malpractice in Winslow Township

Yes, you can file a medical malpractice claim for misdiagnosis if the healthcare provider failed to meet the standard of care in making a diagnosis, and this failure caused harm. This includes cases of wrong diagnosis, delayed diagnosis, or failure to diagnose. However, not all diagnostic errors constitute malpractice – you must prove that a competent doctor would have made the correct diagnosis under similar circumstances and that the misdiagnosis led to harm.
In New Jersey, a minor child has until their 13th birthday to file a medical malpractice claim, regardless of when the malpractice occurred during their childhood. However, if the malpractice occurred after the child's 13th birthday, the standard two-year statute of limitations applies. In cases involving birth injuries, parents typically have two years from the date of birth to file a claim for their own damages related to the malpractice.
Insurance companies typically handle medical malpractice claims with extreme caution and scrutiny, often employing teams of investigators, medical experts, and attorneys to evaluate claims. They often initially attempt to minimize payouts by disputing liability, questioning causation, or arguing about the extent of damages. They may also try to settle quickly for a lower amount if they believe the case has merit.
Only a small percentage of medical malpractice cases typically go to trial, with the vast majority being settled out of court or dismissed before trial. Cases that make it to trial often involve more serious injuries or unclear liability, while clear-cut cases of negligence are more likely to settle. This low trial rate reflects both the high costs and risks associated with trials, as well as the effectiveness of alternative dispute resolution methods like mediation and settlement negotiations in resolving these complex cases.