Medical malpractice cases seek to compensate victims of medical negligence. When determining whether a healthcare professional acted negligently, courts will look to the medical standard of care that applies to the specific treatment received by the victim. If you were injured because your doctor deviated from the appropriate standard of care, you may be entitled to financial compensation.
Assessing whether medical malpractice has occurred can be a complex task. You cannot sue for medical malpractice just because your treatment resulted in an unfavorable outcome. The assistance of a medical malpractice attorney can be very helpful when evaluating the validity of your potential case.
If you were injured because of a healthcare professional’s negligent conduct in Lyndhurst, NJ, get help pursuing the compensation available to you. Contact our experienced Lyndhurst medical malpractice lawyers by calling The Carrion Law Firm at (718) 841-0083 for a free case review.
Time Limit to File a Medical Malpractice Lawsuit in Lyndhurst, NJ
Typically, according to N.J.S.A. § 2A:14-2, you will have two years to file a medical malpractice lawsuit in Lyndhurst, NJ. The two-year deadline begins to countdown from the date the cause of action accrued. Accordingly, you will have two years from the date you discovered or should have discovered the injury at issue. Our Lyndhurst medical malpractice lawyers can help explain how the statute of limitations will apply to your case.
There are exceptions to the statute of limitations for medical malpractice cases. For instance, in cases that do not stem from birth injuries, a parent may file a lawsuit on behalf of their child at any time until the minor reaches 18. After turning 18, under N.J.S.A. § 2A:14-21, the victim will have two years to file a medical malpractice claim related to an injury that occurred while they were a minor. Lastly, if a child sustained a birth injury because of medical negligence, their medical malpractice lawsuit must be filed before the victim turns 13.
Failure to comply with the statute of limitations could cause you to forfeit your case and miss out on crucial monetary damages. If you or a loved one were injured because of medical malpractice, you should contact our team as soon as possible to begin working on your claim.
What is an Affidavit of Merit in a Lyndhurst, NJ Medical Malpractice Lawsuit?
N.J.S.A. § 2A:53A-27 establishes that a plaintiff who files medical malpractice lawsuit in Lyndhurst must also submit an “affidavit of merit.” This affidavit must be filed within 60 of the date a defendant healthcare professional files a response to a plaintiff’s complaint.
In an affidavit of merit, another doctor in the same area of practice as the defendant must support the plaintiff’s claim that the defendant deviated from the appropriate medical standard of care. Simply put, the plaintiff must have another physician state that the injury at issue occurred because the treating doctor failed to provide the care that another doctor in the same area of practice would have provided under the circumstances.
Acquiring an affidavit of merit can be a complicated task. Plaintiffs need to find the right doctors with adequate experience to support their claims. Fortunately, our experienced Lyndhurst medical malpractice lawyers can help obtain an affidavit of merit in your case.
Common Injuries Caused by Medical Malpractice in Lyndhurst, NJ
There is a wide range of devastating injuries that happen because of a healthcare professional’s negligent behavior. The following are common examples of injuries caused by medical malpractice in Lyndhurst, NJ:
Allergic Reactions
Many medical malpractice cases stem from allergic reactions. Doctors should always check for known allergies before prescribing medication. Our experienced Lyndhurst medical malpractice lawyers can help seek financial compensation if you suffered an allergic reaction because your doctor did not check before prescribing you a medication to which you were allergic.
Infections
Infections are another common injury caused by medical malpractice. Healthcare facilities should be kept clean. Unfortunately, many facilities such as hospitals suffer from contamination issues. For instance, a patient may suffer an infection after a surgical procedure because their surgeon’s tools were not properly sanitized. Our team can investigate whether you suffered an infection because of a hospital’s lack of sterilization.
Overdoses
Additionally, doctors should always be sure to prescribe medications in the correct dosages. When patients are administered improper doses of dangerous drugs, serious injuries can occur. Doctors can be held liable for causing their patients to suffer overdoses.
Childbirth Injuries
Childbirth injuries are also an injury that occurs because of medical malpractice. Childbirth injuries can occur because of a doctor’s negligent actions at several potential points during pregnancy. The following are examples of negligent conduct that leads to childbirth injuries:
- Failing to order a C-section when needed
- Negligent use of forceps
- Inappropriate reaction to signs of fetal distress
Medical malpractice that occurs during a mother’s pregnancy can lead to injuries for both the mother and child. Our experienced Lyndhurst medical malpractice lawyers can help hold physicians responsible for childbirth injuries they cause.
Settling a Medical Malpractice Case vs. Taking a Medical Malpractice Case to Trial in Lyndhurst, NJ
Plaintiffs in Lyndhurst medical malpractice cases will usually have to choose between settling their cases early or taking their cases to trial. After reaching a settlement agreement, a case will be voluntarily dismissed on the condition that the defendant will pay an agreed-upon amount of monetary damages to the plaintiff. By settling early, plaintiffs may acquire financial compensation more quickly. Further, parties who settle early will not have to pay the expensive costs that accompany trying a case.
Unfortunately, not all settlement offers are fair. Negligent physicians and their insurers regularly try to settle cases for less than they are worth. Plaintiffs who go to trial will have the opportunity to recover additional compensation. Our Lyndhurst medical malpractice attorneys can assess the true value of your case, so you can decide if going to trial is the right decision for you.
If You Suffered an Injury Because of Medical Malpractice in Lyndhurst, NJ, Our Lawyers Can Help
If you were injured because of a healthcare professional’s negligent actions, seek assistance from our experienced Lyndhurst medical malpractice lawyers by calling The Carrion Law Firm at (718) 841-0083 for a free case review.