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Medical Malpractice

If you have recently been the victim of medical malpractice, our legal team of New Jersey medical malpractice lawyers may be able to help you recover damages. Please take a few moments to look over the information on this page to learn more.

 

What is “medical malpractice”?

Medical malpractice occurs when you are injured because a doctor or other medical professional improperly treated or diagnosed you. Here are a few examples of how a medical professional might commit medical malpractice:

  • They didn’t run the necessary tests and misdiagnosed you.
  • They didn’t properly inform you of the risks of the procedure.
  • Their carelessness caused the injury.
  • They unreasonably delayed treatment for your diagnosed medical condition.
  • They didn’t provide the appropriate treatment for your medical condition.
  • They performed the wrong surgical procedure.

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Who can commit medical malpractice?

Any licensed health care provider – such as doctors, nurses, counselors, and psychologists – can commit medical malpractice.

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How do I know if medical malpractice was committed?

While some cases are straightforward, most cases can be complicated. In general, the court is looking for two main things:

  1. Would other health care professionals in your geographical area act similarly to your physician? Would they perform the same tests and procedures or make the same omission?
  2. Is your injury or loss a result of the act or omission?

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Is misdiagnosis malpractice?

Not necessarily. Sometimes, doctors can take all the right precautions and still misdiagnose you. On the other hand, if your doctor was careless – he or she didn’t order the appropriate tests, missed symptoms of your illness, or didn’t properly review your medical records – malpractice may have occurred.

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If a procedure was not successful, is that malpractice?

Not necessarily. Doctors can’t guarantee they will be successful 100% of the time. Malpractice only occurs if your doctor acted inappropriately or omitted something that was critical to treating you properly.

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Can I still be compensated if I was not injured?

If you were not harmed by your physician’s error, you cannot recover damages.

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What should I do first?

Here’s a short checklist of what to do if you’ve recently been injured:

  1. Seek medical help immediately. If you suspect something is wrong with your current treatment, seek a second opinion and get the medical help you need.
  2. Compile a list of physicians. If you plan to file a lawsuit, you will need to provide your attorney with a list of all the physicians who have treated you so that your attorney can review your medical records.
  3. Take pictures. Document everything you can by taking pictures of your injury.
  4. Consult with a lawyer. It’s important to discuss your case with a lawyer before you fill out any insurance forms, sign any checks, or meet with an insurance company representative. You can request a free case evaluation with one of our lawyers by filling out the Free Case Evaluation form on the top right side of this page.
  5. Start a journal. The best way to keep track of what the injury is costing you is to start a daily journal describing how the injury is affecting you and your immediate family. You should also write down all your expenses, notes, lost wages, doctors’ appointments, and any other relevant details.

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What can I expect if I contact an attorney?

Once you request a Free Case Evaluation, a New Jersey attorney will contact you to discuss the details of your case. These include:

  • interviewing you to learn your side of the story
  • determining which medical professionals are responsible
  • evaluating how extensive and severe your injuries are
  • estimating the amount of your loss

If both you and your lawyer are satisfied that you have a viable case, your lawyer will begin building your case. This includes:

  • Collecting all available information
  • Reviewing your medical records including doctor reports and hospital records
  • Finding appropriate expert witnesses who can testify that your doctor acted inappropriately – in many medical malpractice cases, whether you win or lose will depend on the credentials and expertise of your expert witnesses.

Your lawyer does this so that he or she can re-enact the scene before a judge or jury. It is critical to have all the information available so you can paint as clear a picture as possible of what actually happened.

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When should I contact an attorney?

If you intend to file a lawsuit, you must start the process within two years from the date of your physician’s inappropriate action. If the malpractice results from a birth injury, any malpractice claim must be filed by the minor’s thirteenth birthday. It is extremely important to talk to an attorney about your situation as soon as possible.

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What compensation am I entitled to?

The exact amount of money you can recover can’t be determined without analyzing all information related to your injury including your medical bills, loss of income, and the severity of your injury. Each case involves a different set of circumstances, and therefore different amounts of money.

New Jersey has limits on the amount of money you can recover. For instance, punitive damages – damages intended to punish the defendant – are capped at 5 times the actual damages or $350,000 – whichever is greater.

In addition, many types of payments you receive from other sources, such as your own insurance company, can offset the amount of payment you can collect from the defendant. Workers’ compensation benefits and life insurance proceeds do not count towards payments received.

Also, in many states, if more than one defendant is found by a court to be liable for your suffering, they are each individually liable for the entire amount of the judgment. In New Jersey, however, unless a defendant is more than 60% at fault for your injury, each defendant is responsible for only a proportionate amount of the judgment.

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How long will my case take?

While we handle all cases as quickly as possible, the length of time varies from case to case. It is important to realize that once you settle your claim, you cannot go back for more money if you realize later that your injuries are more severe than you thought. Therefore, it is crucial to collect as much information as possible about your injuries before presenting your case before a judge.

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Do I have to file a lawsuit?

Not necessarily. It depends on the extent of your injury. In most cases, medical malpractice cases are extremely expensive, take a long time, and can be difficult to prove. You will be asked – and must be prepared to answer – many personal questions about your situation, and you must be prepared to spend significant time assisting your attorney with your case.

However, if you have suffered an injury that required medical attention and rehabilitation, an attorney specializing in medical malpractice cases can help you recover the expenses you incur as well as compensation for pain and suffering by presenting a strong case.

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How long will it take me to receive my money?

That depends on a number of factors such as how serious your injury is and whether you case is settled or goes to trial. If you have a serious injury, it’s best not to settle until you receive sufficient medical treatment and rehabilitation so you can better estimate how much your injury will cost you in the long run.

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What are the attorney’s fees?

If we accept your case, there are no out of pocket fees or costs to you. We are reimbursed a small percentage of the amount we recover for you – so if you don’t get paid, neither do we.

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How do I get started?

Please fill out the Free Case Evaluation form on the top right side of this page and we will respond within 24 hours. If you wish to speak with someone immediately, call our client-intake specialist, Ken Cooper, at (856) 308-5426.