Parsippany, NJ Medical Malpractice Attorney
Seeking justice as a victim of medical malpractice is possible by filing a lawsuit in Parsippany. To be successful in your claim, it is important to understand what medical malpractice is and how you can prove it occurred.
Any action by a medical professional that breaches the duty of care owed to a patient may be considered medical malpractice in Parsippany. This includes misdiagnosing conditions, prescribing the wrong medication, and making errors during surgery. After medical malpractice occurs, victims will have two years to sue. In your claim against a negligent hospital or doctor, you may be able to recover compensation for financial and emotional losses. It is important to consider certain factors when filing a medical malpractice lawsuit, such as the burden of proof and the challenges of suing a powerful entity such as a hospital.
To get a free case review with our Parsippany, NJ medical malpractice attorneys, call The Carrion Law Firm now at (718) 841-0083.
Negligent Acts that Qualify as Medical Malpractice in Parsippany, NJ
Any act, whether accidentally or intentionally, that is outside the scope of a medical professional’s owed duty of care to a patient that causes injury may be considered medical malpractice in Parsippany.
Medical professionals, like doctors, nurses, physical therapists, and others, owe a duty of care to their patients. Involved in this duty of care is a responsibility to act per medical recommendations for appropriate care based on a patient’s condition. Breaching this owed duty and causing injuries to a patient is considered negligent and may warrant litigation.
The breach might take several forms. For example, a surgeon might make an avoidable error during surgery, causing additional complications. A doctor might misdiagnose a patient’s medical condition, resulting in a lack of intervention and worsening their condition. Nurses might administer the wrong medication to a patient, causing health issues.
Acts that qualify as medical malpractice are not always clear to victims. Doctors and other medical professionals might attempt to convince you that they made no error and that you are mistaken when you approach them with concerns. Our medical malpractice attorneys can distinguish between normal complications from conditions and actual acts of negligence. Even if it initially appears to have a minor impact on you, negligence on behalf of doctors might seriously worsen your condition and overall health.
Deadline to File a Medical Malpractice Lawsuit in Parsippany, NJ
Filing medical malpractice claims must be done before the statute of limitations. In Parsippany, the deadline to bring a case is two after the date of injury or two years from when a victim learned of injuries.
In some cases, victims might become aware of medical malpractice immediately after it occurs. In such circumstances, the deadline would be two years from that date.
In other instances, victims might not learn of medical malpractice or recognize their injuries until much later. To account for that, New Jersey allows tolling for delayed discovery. This means you can bring a case two years from when you should have reasonably discovered medical malpractice. For example, if a doctor left a foreign object in a patient’s body during surgery, discovery might be delayed. Though victims have two years to sue, filing well before the deadline is typically the best course of action.
Damages Available to Victims of Medical Malpractice in Parsippany, NJ
Damages available to victims of medical malpractice in Parsippany include economic, non-economic, and punitive damages. There are limits on how much victims can recover regarding certain damages.
Medical malpractice might result in additional surgeries or other medical costs for victims. Victims can recover economic damages in a lawsuit against a negligent hospital or doctor to compensate for that expense. Economic damages can cover other out-of-pocket expenses and lost wages in addition to medical costs.
Non-economic damages are also often available. These damages compensate victims for pain and suffering, which is common after experiencing acts of medical malpractice. There is no limit on compensation for pain and suffering in medical malpractice lawsuits in Parsippany.
In cases of gross negligence, victims may be able to recover punitive damages. These damages may be more likely in medical malpractice claims to deter future similar behavior by a hospital. The current limit on punitive damages in Parsippany is five times the amount of compensatory damages or $350,000, whichever amount is greater, according to N.J.S.A. § 2A:15-5-.14(b).
Aspects to Consider When Filing a Parsippany, NJ Medical Malpractice Lawsuit
There are several things victims should consider when filing a medical malpractice claim in Parsippany. For example, hospitals are powerful entities, so having clear evidence of negligence is important.
Hospitals rarely want to accept accountability for a victim’s damages in a medical malpractice lawsuit to prevent the public from learning of an issue. Because of this, a hospital or well-known medical professional might want to settle a case out of court. Victims might feel pressured to settle with a hospital. It is important to consider that you may be able to claim greater damages if you go to court and that settling should only be an option if a hospital presents you with a suitable offer.
If you choose to go to trial, consider the burden of proof you must meet. For medical malpractice claims, you must prove that it is more likely than not that a negligent hospital or medical professional caused your damages. Victims can meet this burden of proof by gathering compelling evidence of fault, including but not limited to witness statements, medical records, and expert testimony. Four elements must be proven in a medical malpractice claim. These elements are duty, breach, causation, and damages. If you prove those four elements, your medical malpractice case may be successful in Parsippany.
File Your Medical Malpractice Case in Parsippany, NJ Today
To schedule a free case evaluation with our medical malpractice attorneys, call The Carrion Law Firm now at (718) 841-0083.