Linden, NJ Medical Malpractice Attorney

We trust medical professionals with one of the most important aspects of our lives – our health. But health care workers make mistakes. Medical Malpractice cases are some of the most challenging types of personal injury cases to prove. Collecting the evidence needed to prove your case can be daunting.

Our Linden, NJ medical malpractice attorney can help you overcome these hurdles. Medical malpractice cases have special filing requirements and strict deadlines that can negatively impact your case. And, if your case reaches trial, your Linden, NJ medical malpractice attorney will need to prove several elements to establish that the responsible party’s level of care fell below the professional standard.

If you have been the victim of a medical professional’s negligence, let our Linden, NJ medical malpractice attorneys help you recover the compensation you deserve. Call The Carrion Law Firm at (718) 841-0083 for a free case evaluation.

Common Types of Medical Malpractice in Linden, NJ

Because of the number of hospitals and doctors, there is no shortage of ways that medical malpractice claims can come about. The following are just some of the most common reasons for a medical malpractice lawsuit.

Misdiagnosis

Misdiagnosis is one of the most common ways medical malpractice occurs. Failing to order the correct tests or misinterpreting results could contribute to a patient’s prolonged suffering and lead to treatment methods or medications that are harmful to a patient with a different condition.

Gross Negligence

People often know that they have been the victim of surgical malpractice. Charts can get mixed up, leading to unnecessary surgeries. Or a negligent surgeon might perform your operation on the wrong body part. Do not hesitate to contact a Linden, NJ medical malpractice attorney if you believe that you have been the victim of a surgeon’s negligence.

Surgical Errors

Sometimes surgical mistakes are not that noticeable. A nicked nerve might not be noticed before serious damage is done. Proper sterilization practices might also have been ignored during operation, contributing to your later injuries.

Birth Injuries

OB/GYN professionals have a duty of care to their patients from prenatal care through post-birth care. Inaccurate medical advice, mistakes during delivery, or prescribing the wrong medication could make what should be the most joyous day of your life one of the most devastating.

Medication Errors

Being prescribed the wrong type or amount of medication can have devastating side effects. A careless or overworked doctor might forget an important medication when writing a prescription or mix up the type of medications they meant to prescribe the patient.

Time Limit to File a Medical Malpractice Lawsuit in Linden, NJ

The time limit to file your medical malpractice claim in Linden, NJ is known as the statute of limitations and is encoded in N.J.S.A § 2A: 14-2(a). According to this law, you have two years from the date you discover your injury – or should have discovered it – to file your medical malpractice lawsuit. Missing this deadline will result in your case being dismissed, cutting you off from recovering the vital compensation you need.

Linden, NJ courts have little patience for tardy lawsuits, so there are very few exceptions to the statute of limitations. One rare exception to the statute of limitations is that child victims of medical malpractice will have two years from their 18th birthday to file a medical malpractice lawsuit (with some exceptions). Also, except for birth injury cases, a parent may file a medical malpractice claim on behalf of their child at any point before the child’s 18th birthday. For children that suffered birth injuries because of a medical professional’s negligence, a parent must file a lawsuit before the injured child’s 113th birthday.

There is virtually no remedy for a medical malpractice victim who violates the statute of limitations. Our Linden, NJ medical malpractice attorneys can assess your case to help you make sure these critical deadlines do not pass you by.

Filing an Affidavit of Merit in a Linden, NJ Medical Malpractice Lawsuit

An important consideration that is particular to medical malpractice cases is the requirement that plaintiffs file an affidavit of merit after filing their medical malpractice claim.

An affidavit of merit is a sworn statement by a doctor supporting your claim that the defendant deviated from the normal standard of care when they injured you. The doctor giving the statement must also be from the same practice area as the doctor that injured you. For your case to continue, the affidavit of merit must agree that the defendant failed to provide you with the same level of care as another doctor in the same profession and under the same circumstances.

After you file your medical malpractice complaint with the court, the next stage of the litigation process is for the defendant health care professional to answer the complaint. Once the defendant provides an answer, you will have 60 days to file your affidavit of merit. Our knowledgeable Linden, NJ medical malpractice attorneys can help you find a medical professional with the right experience to support your claim.

Proving a Medical Malpractice Lawsuit in Linden, NJ

There are four elements that you must prove to win your medical malpractice lawsuit:

  • Duty
  • Breach
  • Causation
  • Damages

Medical professionals have a duty of care to their patients that requires them to meet established professional standards. When a health care provider deviates from these standards with harmful results for their patient, they have breached this duty of care. Your Linden, NJ medical malpractice attorney will need to show that the defendant health care provider owed you a duty of care and that your injuries were caused by the medical professional’s failure to adhere to the standard of care. Lastly, you will need to show that you suffered real damages, like medical costs pain and suffering.

You Deserve to Be Compensated for a Medical Professional’s Negligent Acts

If you or your child has been injured because of a medical professional’s negligence, our experienced Linden, NJ medical malpractice attorneys will fight to get the compensation you deserve. Contact The Carrion Law Firm at (718) 841-0083 to get started with a free case review.