Montclair, NJ Medical Malpractice Attorney
Few injuries are as devasting as those that occur as a result of medical malpractice. Fortunately, victims of medical malpractice in Montclair can recover compensation from the parties that injured them.
Most victims will have two years from the date of malpractice to file their lawsuit in Montclair. However, you might have more time to file if you did not discover your injuries until much later. Medical malpractice can be caused in numerous ways. We can help you gather the necessary evidence to prove how your medical injuries were caused.
Call The Carrion Law Firm today at (718) 841-0083 for a free case review with our medical malpractice attorneys.
Time Limit to File a Montclair, NJ Medical Malpractice Lawsuit
In Montclair, the time limit within which you must file a medical malpractice claim is referred to as the statute of limitations. According to N.J.S.A § 2A:14-2(a), you have two years from the date you were injured to file a medical malpractice lawsuit. If you miss this deadline, your case will most likely be dismissed, and you will be unable to recover the compensation you need. However, medical malpractice cases are complex, and knowing the exact deadline to file can be difficult. Our medical malpractice attorneys can review your case to determine when the clock started running to file your lawsuit.
In fact, the time limit to file might be longer in medical malpractice cases. Because the injuries from medical malpractice might not make themselves known immediately, the statute of limitations has an exception for undiscovered injuries. If your medical malpractice injuries manifest much later after treatment, the statute of limitations will not begin to run until you discover your injuries. Once you have discovered or should have discovered your injuries, you will have two years from that date to file your lawsuit in Montclair.
Another exception to New Jersey’s statute of limitations is for minor victims. Under N.J.S.A. § 2A:14-21, child victims of medical malpractice have two years from their 18th birthday to file a lawsuit. Further, parents can file a lawsuit on behalf of their child before the child’s 18th birthday. However, parents must file a lawsuit before their child’s 13th birthday in the case of birth injuries.
Medical malpractice lawsuits are some of the most complex personal injury cases and often require a great deal of evidence to prove. Our medical malpractice attorneys can help organize your case to ensure it is filed in a timely manner.
Filing an Affidavit of Merit with Your Montclair, NJ Medical Malpractice Lawsuit
When it comes to medical malpractice cases in Montclair, an essential requirement for plaintiffs to keep in mind before filing their lawsuits is the need to obtain an affidavit of merit attesting to their malpractice injuries. An affidavit of merit is a sworn statement provided by a doctor that supports your claim that the defendant healthcare professional deviated from the standard of care used by similar medical professionals when they caused your injury. The affidavit must be completed by a doctor from the same practice area as the healthcare professional who caused your injuries. The affidavit of merit is basically the doctor’s sworn testimony that your injuries were caused by the defendant’s failure to provide the same level of care as another doctor in the same practice area and under similar circumstances.
Once your medical malpractice lawsuit has been filed, the defendant healthcare professional will have an opportunity to respond to your claim in their answer. After the defendant submits their response, you will have a 60-day window within which you can file your affidavit of merit if you have not done so already. Our medical malpractice attorneys can help you make an appointment with the appropriate medical professional so that your affidavit of merit is completed immediately.
Common Forms of Medical Malpractice in Montclair, NJ
Medical malpractice comes in many forms, some more obvious than others:
Surgical mistakes can often result in patients requiring additional medical attention to fix the issue and recover properly. For instance, if a surgeon accidentally damaged an artery or nerve, it could take extensive treatment to correct. In some cases, the error might not be immediately apparent, only coming to light later on after further damage has been done. It is also not unheard of for a physician to be aware of their mistake but attempts to mislead the patient by suggesting that the pain they are experiencing is normal for the procedure they underwent. If you have lingering pains from surgery, you should consider getting a second opinion to confirm your diagnosis.
Diagnosis errors are one of the most prevalent types of medical malpractice cases in Montclair. Diagnosis errors happen when a doctor fails to pinpoint the patient’s ailment accurately or doesn’t communicate the correct diagnosis in a timely manner. Misdiagnoses can occur if medical professionals are unable to identify the root cause of a patient’s issues and treat for a condition the patient does not have. This can cause further injuries if dangerous medications or procedures are prescribed. Additionally, missed diagnoses can occur if a diagnosis was never made in the first place or was delayed, causing significant harm to the patient’s health.
Lack of Informed Consent
Before providing treatment, medical professionals must obtain informed consent from their patients. This means that the medical provider must ensure that the patient fully understands the nature of the treatment, including the steps that will be taken. Additionally, the patient must be made aware of any potential positive or negative side effects that the treatment could cause and potential unintended consequences that could arise as a result.
In some cases, a patient’s consent may be implied through their actions rather than explicitly stated. If a medical professional argues that implied consent was given, it must be determined whether a reasonable medical professional would have interpreted the patient’s actions as indicating consent.
OB/GYN professionals can also be held accountable if they commit malpractice during prenatal care, postnatal care, or delivery. Birth injuries include those caused to the mother and baby during the pregnancy. OB/GYN doctors are still responsible for giving correct prescriptions and postnatal care after the child is delivered.
Our Montclair, NJ Medical Malpractice Attorneys Can Help
For a free case assessment with our medical malpractice attorneys, contact The Carrion Law Firm at (718) 841-0083.