Denville, NJ Medical Malpractice Attorney
While modern medicine provides countless improvements to our lives and health, mistakes still occur. If the carelessness of a medical professional caused your injuries, you deserve justice.
Filing a lawsuit for medical malpractice is often challenging. Malpractice can take many forms and often result in serious harm. You could recover a wide range of damages for your injuries, but it is important to get your case started right away.
For a free case consultation with our dedicated medical malpractice attorneys, contact The Carrion Law Firm at (718) 841-0083 today.
How to Recover Damages for Medical Malpractice in Denville, NJ
Medical malpractice in Denville is a serious matter. It’s important that you know your rights and what to do if you feel that your doctor has harmed you in some way. Thankfully, our medical malpractice attorneys can help you along every step of this highly complex process so that you have the best chance of recovering compensation sufficient to cover your damages.
Filing an Affidavit of Merit
An affidavit of merit is a document that must be filed along with a medical malpractice lawsuit. It is required by N.J.S.A. § 2A:53A-27 and explains why you believe your doctor was negligent. An affidavit of merit must be completed by a doctor, typically one in the same medical field as the doctor that injured you, and is made under oath. Essentially, the doctor “testifies” in writing how they believe your injuries occurred and how your treatment deviated from the standard of care that should have been provided.
Once the defendant answers your complaint, you have 60 days to file the doctor’s affidavit.
Filing a Lawsuit
Filing a lawsuit for medical malpractice in Denville is no easy task. Even “minor” cases require extensive evidence gathering and can include several rounds of questioning the parties involved. Thus, time is of the essence when filing a lawsuit.
According to N.J.S.A. § 2A:14-2(a), the time limit to file a lawsuit for medical malpractice in Denville is two years. The time period typically begins when your injury is caused or discovered. However, if you were unaware of your injuries, the time will not toll until you should have reasonably discovered the damage, which could give you more time to file.
The two-year deadline will also toll if the victim was a minor when the malpractice occurred. New Jersey law extends the deadline for minor victims to file by an additional two years upon turning 18.
Acts that are Considered Medical Malpractice in Denville, NJ
Medical malpractice is a serious matter, and it can be very difficult for patients who have experienced a medical error to prove that their doctor or surgeon was at fault. If your doctor or another healthcare professional harmed you, determining exactly how will be critical to your case’s success.
Surgical Errors
Surgery is a common medical procedure that many people rely on to treat their health problems. However, surgical errors can be caused by a number of factors and can lead to long-term health problems or even death. When you are considering surgery, it is important to choose a surgeon who has experience with the procedure you need and has the skills necessary to perform it correctly. For example, a surgeon could nick nearby arteries or nerves, causing more damage. If your doctor makes a mistake during your surgery, it could cause serious and potentially life-threatening harm.
Misdiagnosis
Misdiagnosis is another common cause of medical malpractice. A misdiagnosis occurs when your doctor or other medical professional fails to properly diagnose a your condition, leading to serious health problems and even death.
You can file a lawsuit for misdiagnosis if you suffered harm as a result of your doctor’s failure to diagnose you properly. For example, if the doctor did not notice signs of cancer that other doctors with similar training and experience should have caught on examination, you likely have a claim for misdiagnosis. In other cases, your doctor might get the diagnosis wrong. To prove misdiagnosis, you typically need to show that your doctor failed to take the proper steps to diagnose you correctly.
Failure to Obtain Informed Consent
Medical malpractice from lack of informed consent occurs when a patient is not given enough information about the medical procedure or treatment being contemplated, including risks and side effects. To protect your health, you should be aware of the risks involved in any procedure. This should include being informed about the possibility of infection, death from anesthesia, or excess bleeding during surgery, among other risks. It is important to know what you are signing off on and understand any risks to your health before agreeing to a procedure or treatment plan.
Foreign Object Left in the Patient
When a patient undergoes surgery, it is possible that a foreign object could have been left inside of their body after it has been completed. This could include surgical instruments, sponges, and needles. Catheters could also be considered a foreign object if it was not removed after the procedure was completed. If you think that there might be something left behind after surgery, it’s important to report this immediately to another doctor so that they can examine the area and remove whatever might still be present there.
Compensation You Can Recover for Medical Malpractice in Denville, NJ
If you or a loved one has been injured by medical malpractice in Denville, you could be entitled to compensation for your injuries. Damages are typically divided into two categories. This includes economic damages, which cover your monetary losses, and non-economic damages, which are intended to compensate you for pain and suffering.
Monetary Damages
Monetary damages, or economic damages, usually include the costs of medical care, medication, and loss of income. You can also claim loss of future earning capacity if your injuries prevent you from returning to the same type of work. If you a projected to need more treatment in the future, that too can be claimed in your lawsuit.
Pain and Suffering Damages
Pain and suffering damages are a form of non-economic damages. These are awarded to compensate you for emotional distress, physical pain, and other subjective damages you have experienced as a result of your injuries. Pain and suffering damages are not awarded in all cases, but are very likely to be awarded in the case of medical malpractice.
Our Denville, NJ Medical Malpractice Attorneys Are Here to Help
Call The Carrion Law Firm at (718) 841-0083 today for a free case assessment with our experienced medical malpractice lawyers.
Denville, NJ Medical Malpractice Attorney
While modern medicine provides countless improvements to our lives and health, mistakes still occur. If the carelessness of a medical professional caused your injuries, you deserve justice.
Filing a lawsuit for medical malpractice is often challenging. Malpractice can take many forms and often result in serious harm. You could recover a wide range of damages for your injuries, but it is important to get your case started right away.
For a free case consultation with our dedicated medical malpractice attorneys, contact The Carrion Law Firm at (718) 841-0083 today.
How to Recover Damages for Medical Malpractice in Denville, NJ
Medical malpractice in Denville is a serious matter. It’s important that you know your rights and what to do if you feel that your doctor has harmed you in some way. Thankfully, our medical malpractice attorneys can help you along every step of this highly complex process so that you have the best chance of recovering compensation sufficient to cover your damages.
Filing an Affidavit of Merit
An affidavit of merit is a document that must be filed along with a medical malpractice lawsuit. It is required by N.J.S.A. § 2A:53A-27 and explains why you believe your doctor was negligent. An affidavit of merit must be completed by a doctor, typically one in the same medical field as the doctor that injured you, and is made under oath. Essentially, the doctor “testifies” in writing how they believe your injuries occurred and how your treatment deviated from the standard of care that should have been provided.
Once the defendant answers your complaint, you have 60 days to file the doctor’s affidavit.
Filing a Lawsuit
Filing a lawsuit for medical malpractice in Denville is no easy task. Even “minor” cases require extensive evidence gathering and can include several rounds of questioning the parties involved. Thus, time is of the essence when filing a lawsuit.
According to N.J.S.A. § 2A:14-2(a), the time limit to file a lawsuit for medical malpractice in Denville is two years. The time period typically begins when your injury is caused or discovered. However, if you were unaware of your injuries, the time will not toll until you should have reasonably discovered the damage, which could give you more time to file.
The two-year deadline will also toll if the victim was a minor when the malpractice occurred. New Jersey law extends the deadline for minor victims to file by an additional two years upon turning 18.
Acts that are Considered Medical Malpractice in Denville, NJ
Medical malpractice is a serious matter, and it can be very difficult for patients who have experienced a medical error to prove that their doctor or surgeon was at fault. If your doctor or another healthcare professional harmed you, determining exactly how will be critical to your case’s success.
Surgical Errors
Surgery is a common medical procedure that many people rely on to treat their health problems. However, surgical errors can be caused by a number of factors and can lead to long-term health problems or even death. When you are considering surgery, it is important to choose a surgeon who has experience with the procedure you need and has the skills necessary to perform it correctly. For example, a surgeon could nick nearby arteries or nerves, causing more damage. If your doctor makes a mistake during your surgery, it could cause serious and potentially life-threatening harm.
Misdiagnosis
Misdiagnosis is another common cause of medical malpractice. A misdiagnosis occurs when your doctor or other medical professional fails to properly diagnose a your condition, leading to serious health problems and even death.
You can file a lawsuit for misdiagnosis if you suffered harm as a result of your doctor’s failure to diagnose you properly. For example, if the doctor did not notice signs of cancer that other doctors with similar training and experience should have caught on examination, you likely have a claim for misdiagnosis. In other cases, your doctor might get the diagnosis wrong. To prove misdiagnosis, you typically need to show that your doctor failed to take the proper steps to diagnose you correctly.
Failure to Obtain Informed Consent
Medical malpractice from lack of informed consent occurs when a patient is not given enough information about the medical procedure or treatment being contemplated, including risks and side effects. To protect your health, you should be aware of the risks involved in any procedure. This should include being informed about the possibility of infection, death from anesthesia, or excess bleeding during surgery, among other risks. It is important to know what you are signing off on and understand any risks to your health before agreeing to a procedure or treatment plan.
Foreign Object Left in the Patient
When a patient undergoes surgery, it is possible that a foreign object could have been left inside of their body after it has been completed. This could include surgical instruments, sponges, and needles. Catheters could also be considered a foreign object if it was not removed after the procedure was completed. If you think that there might be something left behind after surgery, it’s important to report this immediately to another doctor so that they can examine the area and remove whatever might still be present there.
Compensation You Can Recover for Medical Malpractice in Denville, NJ
If you or a loved one has been injured by medical malpractice in Denville, you could be entitled to compensation for your injuries. Damages are typically divided into two categories. This includes economic damages, which cover your monetary losses, and non-economic damages, which are intended to compensate you for pain and suffering.
Monetary Damages
Monetary damages, or economic damages, usually include the costs of medical care, medication, and loss of income. You can also claim loss of future earning capacity if your injuries prevent you from returning to the same type of work. If you a projected to need more treatment in the future, that too can be claimed in your lawsuit.
Pain and Suffering Damages
Pain and suffering damages are a form of non-economic damages. These are awarded to compensate you for emotional distress, physical pain, and other subjective damages you have experienced as a result of your injuries. Pain and suffering damages are not awarded in all cases, but are very likely to be awarded in the case of medical malpractice.
Our Denville, NJ Medical Malpractice Attorneys Are Here to Help
Call The Carrion Law Firm at (718) 841-0083 today for a free case assessment with our experienced medical malpractice lawyers.