Monmouth County Medical Malpractice Law Firm

Individuals who need medical treatment place their trust in doctors and other medical professionals expecting to receive quality care for their illnesses and injuries. Unfortunately, errors and accidents occasionally occur during medical exams and procedures with devastating consequences. If you have suffered a serious injury resulting from medical negligence, you may be entitled to compensation for damages including pain and suffering, medical bills, and past and future lost wages. The Cassidy Law Firm fights for patients who have been victims of medical malpractice in New Jersey.

Medical Malpractice Lawsuit Guide 2023 – Forbes Advisor

What is Medical Malpractice?

Medical malpractice occurs when an injury results from medical treatment that deviates from the appropriate medical standard of care. This is the type of care that a reasonably skilled doctor or other medical professional would have provided under the same circumstances. A few examples of medical malpractice are:

  • Misdiagnosis or failure to diagnose
  • Surgical errors
  • Pharmaceutical errors
  • Injuries incurred during birth
  • Prescription of experimental drugs
  • Cosmetic surgery mistakes
  • Emergency room errors
  • Medical device injuries
  • Post-surgical infections
  • Nursing home neglect
  • Lack of informed consent

Grounds for Medical Malpractice

In order to successfully bring a medical malpractice case in New Jersey, the following conditions must be proven:

  • A doctor-patient relationship existed
  • The doctor was negligent
  • The doctor's negligence caused, or contributed, to an injury 
  • The injury led to damages

Medical malpractice cases typically require a thorough investigation and careful presentation of evidence at trial. Proving medical malpractice is not only difficult, but also depends upon a qualified medical expert's testimony that the defendant failed to provide the appropriate standard of care.

In addition, medical negligence plaintiffs are required by New Jersey law to serve the defendant with an "Affidavit of Merit." This is a written statement by a licensed medical professional attesting to the fact that the defendant's treatment did not meet the medical standard of care. New Jersey’s “Affidavit of Merit” statute is complicated and can lead to the dismissal of your case if the requirements are not met in a timely fashion.

Moreover, copies of all medical records, such as X-rays, lab results, diagnostic tests, and other procedures should be obtained as soon as practicable to prevent the loss, alteration, or destruction, known as “spoliation,” of evidence. Preparation and investigation of your medical malpractice case requires the expertise of highly skilled medical malpractice attorneys like those at The Cassidy Law Firm.

More Types of Medical Malpractice

Some types of medical malpractice include:

  • Misdiagnosis or Delayed Diagnosis: When a healthcare provider fails to accurately diagnose a medical condition or delays the diagnosis, leading to harm or a worsened prognosis.

  • Surgical Errors: Mistakes made during surgery, such as performing the wrong procedure, operating on the wrong body part, leaving surgical instruments inside a patient, or causing damage to surrounding tissues or organs.

  • Medication Errors: This includes prescribing the wrong medication, administering the wrong dosage, or failing to monitor for potential drug interactions, resulting in harm to the patient.

  • Birth Injuries: Injuries to the baby or mother during childbirth due to medical negligence, such as mishandling of delivery instruments, failure to monitor fetal distress, or improper response to complications.

  • Anesthesia Errors: Errors in administering anesthesia, including giving too much or too little anesthesia, failing to monitor a patient's vital signs during surgery, or using the wrong type of anesthesia.

  • Failure to Obtain Informed Consent: Performing a medical procedure without obtaining proper informed consent from the patient, which includes explaining the risks, benefits, and alternatives.

  • Hospital or Facility Negligence: Inadequate care, unsafe conditions, or failure to maintain proper hygiene in a healthcare facility, leading to patient harm or infection. 

  • Nursing Home Abuse or Neglect: Mistreatment or neglect of residents in nursing homes or long-term care facilities, resulting in physical or emotional harm.

  • Radiology and Diagnostic Errors: Misinterpretation of X-rays, MRIs, CT scans, or other diagnostic tests, leading to missed or incorrect diagnoses.

  • Failure to Follow Standard Protocols: Not adhering to established medical standards and protocols, which can result in patient harm.

  • Laboratory Errors: Mistakes made in the collection, processing, or interpretation of laboratory tests, leading to incorrect diagnosis or treatment incorrect diagnoses or treatment

  • Inadequate Follow-Up Care: Neglecting to provide proper follow-up care, monitoring, or communication with the patient after a medical procedure or treatment. 

These are just some examples of medical malpractice, and each case can be unique. 

How long do I have to file a medical malpractice lawsuit in New Jersey?

In New Jersey, you have two years from the date the medical error occurred to file a lawsuit. In some cases, the time period is two years from the date on which you discover, or could reasonably have been expected to discover, that you were harmed by medical negligence.  If you were a minor at the time of the medical negligence, then you may have two or more years to file a medical malpractice claim from the time of your 18th birthday. Call us to find out if you can pursue your claims.

Monmouth County Medical Malpractice Attorneys

Because medical malpractice cases can be complex and difficult to prove, you need an attorney who is highly adept at pursuing claims of medical negligence. The Cassidy Law Firm routinely helps victims of medical malpractice in New Jersey obtain meaningful compensation for their injuries. If you or a loved one has suffered a serious injury as the result of the negligence of a doctor, hospital, nurse, or other medical professional or facility, call our office today for a free evaluation of your case.

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| Phone: (732) 747-3999

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