Medical malpractice victims can incur a wide range of catastrophic injuries. Fortunately, injured parties can recover financial compensation for the harm they suffered. There are multiple forms of monetary damages available to plaintiffs in medical malpractice lawsuits.
However, pursuing payment through a medical malpractice claim can be a complex process. Plaintiffs must present expert witness testimony that proves defendants deviated from appropriate standards of care. The assistance of our medical malpractice attorneys can be highly valuable when building your case.
If you were injured because of a healthcare professional’s negligence in Elizabeth, NJ, get help seeking the payment you deserve. Get in touch with our experienced Elizabeth medical malpractice attorneys today by calling The Carrion Law Firm at (718) 841-0083. Our lawyers can review your case for free.
Common Examples of Medical Malpractice in Elizabeth, NJ
You cannot file a medical malpractice lawsuit simply because your treatment led to an unfavorable result. For your medical malpractice claim to succeed, you must have been injured because your healthcare professional did not adhere to the applicable standard of care when providing treatment. The following are common examples of medical malpractice that arise in Elizabeth, NJ:
Surgical Errors
Surgical errors are a common example of medical malpractice that can occur. For instance, a surgeon may be guilty of medical malpractice if their patient was hurt because they operated on the wrong body part or failed to provide post-operative care. Our Elizabeth medical malpractice attorneys can help determine if a mistake made during surgery constitutes medical malpractice.
Misdiagnosis
Misdiagnosis is another common example of medical malpractice. Misdiagnosis injuries can occur when a doctor’s misdiagnosis leads to delayed care, improper treatment, or lack of treatment. However, not every incorrect diagnosis is grounds for a medical malpractice case. Even when using reasonable care, diagnostic mistakes can occur. In order to be considered malpractice, your misdiagnosis must have occurred because your doctor acted carelessly. If you were hurt because your physician failed to properly diagnoses your illness or injury, you may be entitled to monetary damages. Our lawyers can help you determine the appropriate next steps.
Medication Errors
Furthermore, medical malpractice can also occur in the form of medication errors. Medication errors occur when physicians wrongfully prescribe medication to their patients. For example, such an error may happen when a doctor fails to check their patient’s allergies before prescribing them a drug to which they are allergic. If you were injured because your doctor committed a medication error, our Elizabeth medical malpractice attorneys can help build your case.
Failure to Provide Informed Consent
Lastly, the failure to provide informed consent is also a common form of medical malpractice that occurs in Elizabeth, NJ. Before administering any treatment or procedure, a doctor must first inform their patient of any risks associated with that treatment or procedure. When doctors fail to provide such warnings, their patients may suffer injuries because they underwent treatment they would not otherwise have consented to. If you suffered injuries because your healthcare professional did not provide informed consent, then you should contact our lawyers for help determining the proper course of action.
Submitting an “Affidavit of Merit” in an Elizabeth, NJ Medical Malpractice Lawsuit
According to N.J.S.A. § 2A:53A-27, when filing a medical malpractice case in Elizabeth, NJ, you must also submit an “affidavit of merit.” In your affidavit of merit, you must have another doctor in the same field as the defendant support your claim that the defendant did not adhere to the appropriate standard of care.
Your affidavit of merit must be filed within 60 days of the date the defendant files a response to your complaint. However, obtaining such an affidavit is not always easy. Doctors may be reluctant to state on the record that their peers acted carelessly. The assistance of our experienced Elizabeth medical malpractice attorneys can be highly beneficial when acquiring an affidavit of merit in your case.
Common Types of Injuries Caused by Medical Malpractice in Elizabeth, NJ
Victims of medical malpractice can incur several different types of harm. Fortunately, our Elizabeth medical malpractice attorneys can help recover compensation related to any of the following injuries:
- Allergic reactions
- Overdoses
- Infections
- Childbirth injuries
- Spinal cord injuries
- Nerve damage
- Sepsis
- Soft tissue injuries
The aforementioned injuries can cause victims to undergo immense physical pain, economic hardship, and emotional distress. The damages available through medical malpractice lawsuits can provide plaintiffs with crucial support during periods of hardship.
Types of Damages Available to Victims of Medical Malpractice in Elizabeth, NJ
There are several categories of monetary damages available to plaintiffs in medical malpractice cases. The types of damages awarded in your case will most likely depend on the extent of harm caused by your injury. During your free case review, our Elizabeth medical malpractice attorneys can help determine which of the following damages may be available to you:
- Medical expenses
- Lost income
- Out-of-pocket expenses
- Pain and suffering
- Punitive damages
In order to recover these damages, you must be able to prove that they were suffered because of the defendants conduct. Our lawyers can help recover the full range of compensation available to you.
Settling a Medical Malpractice Case vs. Taking a Medical Malpractice Case to Trial in Elizabeth, NJ
In most medical malpractice cases, plaintiffs will have to choose between settling their cases early and going to trial. When parties to a lawsuit reach a settlement agreement, the defendant will pay a certain sum of damages to the plaintiff and their case will be dismissed. By settling early, you may recover payment sooner and potentially save on many costs associated with going to trial.
Still, settling early is not always the right decision. Many defendants will attempt to settle cases for less than they are worth. By going to trial, you will have the chance to recover further compensation. Our Elizabeth medical malpractice attorneys can help evaluate all settlement offers made in your case, so you can decide if going to trial is the right choice for you.
If You Suffered Medical Malpractice Injuries in Elizabeth, NJ, Our Attorneys Can Help
If you were injured because your doctor committed medical malpractice, seek support from our experienced Elizabeth medical malpractice attorneys by calling The Carrion Law Firm at (718) 841-0083 to review your case for free.