NEW JERSEY MEDICAL MALPRACTICE
Medical malpractice, or med mal, in New Jersey is a legal cause of action available to New Jersey patients injured by negligence of healthcare providers. If a healthcare provider in New Jersey does not provide the standard of care governing the practice and causes injury to a patient, the patient may be able to pursue a med mal action. Commonly, medical malpractice in New Jersey arises in one of the following situations:
If a New Jersey patient feels that they have been injured in these circumstances or any other related to health care, they should contact a New Jersey medical malpractice attorney immediately.
Who May Commit Medical Malpractice In New Jersey
A New Jersey licensed health care provider may be liable for medical malpractice. A licensed healthcare provider can be an individual such as a physician, a dentist, a nurse, or a chiropractor. A licensed healthcare provider can also be a health care facility such as a hospital or emergency center. If a New Jersey patient feels that they have been injured as a result of healthcare received, they should consult a New Jersey medical malpractice lawyer to determine what parties constitute healthcare provider, and what parties share responsibility for the injury prior to filing a suit.
New Jersey Medical Malpractice Statute of Limitations
A medical malpractice action in New Jersey is treated like other personal injury actions and has a two-year statute of limitations from the date that the cause of action occurs. According to the New Jersey courts the date the cause of action occurs is not the date of the medical incident, but the date the patient discovers the injury. A patient, therefore, has two years after they discover an injury that was the result of medical malpractice to file a med mal claim against the healthcare provider. Patients who discover an injury after receiving medical care should consult a New Jersey med mal lawyer to file a timely medical malpractice claim.
Damage Limitations On New Jersey Medical Malpractice Claims
New Jersey medical malpractice suits allow a patient to recover punitive damages depending on the nature of the offense and degree of the healthcare provider’s negligence. Punitive damages are damages beyond what compensates a patient for the financial cost of their injury. New Jersey med mal law caps punitive damages a patent can recover in a medical malpractice suit at an amount up to five times the compensatory damages, or $350,000, whichever is greater. Before filing a medical malpractice claim in New Jersey, an injured patient should consult with New Jersey med mal attorney for questions about appropriate damages.
How To File A Medical Malpractice Claim In New Jersey
If considering filing a med mal claim in New Jersey, it is important to first contact a medical malpractice attorney for assistance. Medical Malpractice claims in New Jersey can be complicated and expensive, and will require an advanced knowledge of legal procedures and process that only an accomplished attorney can provide. Plaintiffs must meet critical deadlines and adequately defend their claim with expert medical testimony to prove the complaint alleged is valid and deserving of the judicial system’s time. Without testimony from a medical expert, a New Jersey med mal case cannot succeed. Finally, a defendant in a medical malpractice claim will come to the table with an accomplished and well-prepared legal team with an experienced defense. A New Jersey med mal attorney will help a plaintiff get through the legal process of filing a claim and level the playing field against the defendants. Any patient injured after medical treatment should consult a New Jersey medical malpractice attorney immediately.
New Jersey Statutes Annotated