Newark Medical Malpractice Lawyer
No patient wants to imagine the possibility of medical malpractice when seeking care from a doctor or hospital. Yet this is exactly what thousands of patients suffer from every year – substandard medical care that falls below the accepted level of care, resulting in serious and sometimes permanent harm.
If you are a victim of medical malpractice in New Jersey, the attorneys at the Law Offices of Jeffrey S. Hasson, P.C. can help you protect your rights. We are passionate about supporting injured patients in claims against the health care providers that wronged them.
Why Choose Us?
- We have decades of experience handling medical malpractice cases. We understand the nuanced laws that surround these cases and how to navigate them.
- Our attorneys have connections to medical experts and are not afraid of going to trial when necessary. We will do what it takes to achieve maximum results for our clients.
- We operate on a contingency fee basis for all medical malpractice claims in New Jersey. This means you won’t pay us a cent unless we win your case.
When to Contact a Medical Malpractice Lawyer
Medical malpractice is one of the most complex areas of personal injury law. As soon as you discover a medical mistake, contact an attorney to discuss a potential medical malpractice claim. The hospital or health care center and its insurer will not want to admit liability for your injury or pay a fair amount to resolve your case. It may take hiring an attorney to force an insurer to take your case seriously and offer a fair settlement. Your lawyer will aggressively pursue the case results that you deserve as a victim of medical malpractice.
An attorney will have the legal experience and resources you need for the strongest possible medical malpractice claim. This can include connections to medical experts who can testify on your behalf and investigators who can take a comprehensive look at your case to search for all available evidence. You can rest, relax and focus on what matters most while a lawyer handles the complicated legal legwork of your case for you.
What Is Medical Malpractice?
The definition of medical malpractice is any act or omission by a physician or health care provider that deviates from the normal standards of practice or falls short of the required standard of care. If a negligent action or behavior causes injury to a patient, the victim may be able to file a medical malpractice claim in New Jersey.
A medical malpractice claim is a type of civil lawsuit brought by a victim against the person or party that caused the harm. It is possible to bring a medical malpractice claim based on a practitioner’s negligence, gross negligence, recklessness, willful disregard for the safety of others or intent to harm. An attorney can help you gather the evidence that you will need to meet your burden of proof during a medical malpractice case.
Examples of Medical Malpractice
Physicians have a legal responsibility or duty of care to provide adequate care to patients. This includes an obligation to conduct adequate physical exams, properly diagnose and treat a patient’s condition, order the correct medical tests, obtain a patient’s consent prior to a procedure and take many other steps to ensure proper medical treatment. Any deviation from this responsibility of care can be considered medical malpractice or medical negligence.
Examples of medical malpractice include:
- Failure to treat a patient/premature discharge
- Misdiagnosis, delayed diagnosis or failure to diagnose
- Medication prescription or administration errors
- Failing to warn/lack of consent
- Emergency room errors
- Surgical and anesthesia mistakes
- Operating on the wrong patient or body part
- Poor post-operative patient care
- Birth injuries
If you are not sure whether what happened to you or a loved one in a New Jersey hospital constitutes medical malpractice, consult with an attorney at the Law Offices of Jeffrey S. Hasson, P.C. We will listen to your injury story and let you know if it sounds like your case has merit. If so, we may offer to represent you in the fight for justice against a negligent health care provider.
New Jersey’s Medical Malpractice Laws
For a medical malpractice claim to succeed in New Jersey, a claimant must abide by all of the state’s related laws, rules and regulations. The claims filing process looks different from state to state. You may need an attorney’s assistance to navigate New Jersey’s medical malpractice laws, which include:
- Affidavit of merit required. This document must be filed within 60 days of bringing a medical malpractice lawsuit in New Jersey. It is a document signed by an appropriate licensed person declaring there is a reasonable probability that the defendant’s actions fell outside of the acceptable professional or occupational standards or practices.
- The statute of limitations is two years. New Jersey’s deadline to file a medical malpractice claim is two years from the date of the alleged act of malpractice. If the harm is not discovered right away, however (such as in the case of a foreign object left in the body after surgery), the deadline is two years from the date of reasonable discovery.
- Damage caps apply to punitive damages. In New Jersey, a damage cap (limit on the amount of financial compensation available) only applies to punitive damages in a medical malpractice case. Punitive damages are sometimes given to penalize a defendant for egregious acts of negligence or wrongdoing. The damage cap is $350,000 or five times the amount of compensatory damages, whichever is greater.
The compensation available in a medical malpractice claim may include past and future medical bills, lost wage recovery, pain and suffering, emotional distress, mental anguish, legal fees, and lost quality of life. Wrongful death damages may also be awarded in a case where a patient passed away due to substandard care.
Contact a New Jersey Medical Malpractice Lawyer Today
If you believe you are a victim of medical malpractice in New Jersey, help is available at the Law Offices of Jeffrey S. Hasson, P.C. We have highly experienced medical malpractice lawyers who will stand by your side through every phase of the legal process. Hiring an attorney can make things easier for you and your family during this tumultuous time. Request your free case consultation today. Call us at (201) 928-0300 for a free consultation, or tell us your story online and we will get back to you as soon as possible.