A surgical mistake, misdiagnosis or a medication error can cause long-lasting pain and suffering for an individual injured by medical negligence. That is why a victim of medical malpractice has the right to seek compensation for their injuries and other expenses related to their accident. If you are a victim would like to recover the compensation, you must first determine if you have a valid claim.
Top Five Medical Malpractice Claims
Medical negligence takes on many forms, but many malpractice claims fall under the following categories, data from Diedrich Healthcare shows:
Is My Medical Negligence Claim Valid?
New Jersey, like many states, imposes restrictions on medical malpractice claims including who can file and how much time they have to begin the claims process. Pursuing a medical malpractice claim is arduous, so you want to be certain you have a valid claim. Below are the questions you will have to answer to prove malpractice:
Was there a doctor-patient relationship between both parties?
Was a physician or medical professional negligent?
Did their negligence cause you harm?
Did you suffer financial losses because of a medical professional’s actions?
If you answer “Yes” to the above questions, you may be eligible for malpractice compensation, but your claim won’t be allowed to go forward unless you obtain and an affidavit from an expert. You must submit your affidavit within 60 days of receiving the defendant’s response to your filing.
New Jersey Statute of Limitations for Medical Malpractice
Standard Statute of Limitations
The standard statute of limitations for medical malpractice claims in New Jersey is two years from the date of injury.
In many cases, the malpractice is not detected immediately, and victims discover the mistake months or years later. The statute of limitations in these cases is two years from the date an injury is discovered. A common example of when the discovery rule applies in instances in which a surgical instrument, gauze, or sponge are left inside the patient.
Claims Involving Minor Children- The statute of limitations for minor children doesn’t begin to run until the victim’s 18th birthday.
If you plan on filing a medical negligence claim, you will need to visit one of the following civil courts:
Atlantic County Civil Courts
1201 Bacharach Blvd, Atlantic City, NJ 08401
Superior Court of NJ
Union County Courthouse, 2 Broad St, Elizabeth, NJ 07201
Superior Court Civil Division
118 Washington St, Toms River, NJ 08753
Consult a Medical Malpractice Lawyer in New Jersey
Medical malpractice claims can be tricky, which is why USAttorneys.com recommends you consult with a lawyer. We have an experienced and dedicated team of medical malpractice lawyers in New Jersey ready to take on your case and get you the best settlement possible. If you are the victim of the following medical mistakes, set up a legal consultation:
Performing a surgery or giving treatment when exhausted or fatigued
Lack of experience
Alcohol or drug use during treatment
Failing to communicate the hazards of treatment, surgery or medication.