Modern medicine has come a long way, but there are still risks involved with many treatments often regarded as routine. While mistakes by a doctor are possible, some mistakes are inexcusable.
Medical malpractice occurs when a doctor’s actions fall below standards of care during your treatment. What medical malpractice looks like varies from plaintiff to plaintiff based on their medical condition and treatment. When suing for medical malpractice in New Jersey, we must abide by the statute of limitations, which can be complicated when the injured plaintiff is a minor. Additionally, we need another doctor to provide an affidavit stating there was a lack of care in your case. Damages in medical malpractice cases can be quite significant. Compensatory damages include your economic and non-economic losses and injuries, and punitive damages might also be on the table.
If you were injured because a doctor was negligent in their treatment and care, our medical malpractice attorneys can help you take legal action. For a free case evaluation, call The Carrion Law Firm at (718) 841-0083.
What Constitutes Medical Malpractice in New Brunswick, NJ?
While some mistakes by doctors and medical professionals are possible, certain mistakes are inexcusable. Knowing the difference between these mistakes is crucial to your medical malpractice lawsuit.
Generally, if a doctor makes a mistake that causes you harm, but that mistake was made because the doctor believed they were providing the best treatment possible, it might not be considered medical malpractice. Medicine and medical treatment are not foolproof, and mistakes are bound to happen. If a doctor made a mistake while pursuing what they believed was the best treatment option for your care, you might be unable to prove malpractice.
Malpractice becomes a much bigger issue when treatment from a doctor, nurse, or other medical professional falls below the standards of care. While the standard of care often varies based on the patient and their medical needs, it sets a bare minimum that doctors must meet. A mistake made because the doctor did not meet these bare minimum levels of care might be grounds for a lawsuit. Our medical malpractice attorneys can help you begin a lawsuit for damages.
How to Sue for Medical Malpractice in New Brunswick, NJ
Suing for medical malpractice is often challenging because cases involve in-depth medical knowledge that most people, including legal professionals, do not have. On top of that, people sometimes do not realize they have been victims of medical malpractice until weeks, months, or even years after the negligence occurred.
One of the first hurdles our medical malpractice lawyers must confront is the affidavit of a lack of care under N.J.S.A. § 2A:53A-27. This affidavit must come from a medical professional or doctor, preferably someone in the same field of medicine as the defendant in your case. We need this medical expert to evaluate your medical records regarding the malpractice and give their opinion on whether it occurred. This is a time-sensitive issue, and we only have 60 days from the date we file the lawsuit to submit the affidavit.
We must also be mindful of statutes of limitations. Generally, the statute of limitations in medical malpractice cases for adult plaintiffs is 2 years, according to N.J.S.A. § 2A:14-2(a). However, the deadline might differ for plaintiffs who were minors when the malpractice occurred. If the case is about injuries sustained at birth, the case must be filed prior to the minor’s 13th birthday. If no action has been commenced by the time the minor turns 12, the court may appoint a guardian to bring the action on the minor’s behalf.
Damages Available in New Brunswick, NJ Medical Malpractice Cases
Assessing damages is key to your case and should be done as soon as possible. Your initial complaint likely requires an assessment of your damages and the compensation you want from the court. Our medical malpractice lawyers can help you accurately calculate these damages and make the most of your potential compensation.
Compensatory Damages
Compensatory damages are either economic or non-economic. These damages may be awarded to make up for the losses, both financial and otherwise, that you incurred because of the defendant’s negligence. Our medical malpractice injury lawyers can assist in identifying and evaluating all damages in your case.
Economic damages are related to money. Losses or injuries that came with a bill or price tag may be added to your economic damages tally. For example, medical bills, lost income, and the cost of any destroyed personal property should be accounted for. In cases where injuries are particularly bad, medical costs might be very high, and these damages might be quite considerable.
Non-economic damages are not based on money but instead on your personal experiences. Often, these experiences do not cost plaintiffs any money but can still be compensated. Your physical and mental pain and suffering may be significant factors in your non-economic damages. People sometimes underestimate how much pain and suffering can affect a person’s life, and plaintiffs often live with these experiences for a long time.
Punitive Damages
Punitive damages are not designed to compensate you for your losses like the damages listed above. Instead, punitive damages are meant to punish the defendant and deter future bad behavior. Although punitive damages tend to be rare, our medical malpractice injury lawyers can help you determine if they are available in your case.
According to N.J.S.A. § 2A:15-5-5.12(4)(a), punitive damages must be proven by clear and convincing evidence. The evidence must show that the defendant acted with actual malice or that their actions involved a willful and wanton disregard for those who could foreseeably be hurt by their actions. Further, under N.J.S.A. § 2A:15-5.14(6)(b), damages are usually limited to $350,000 or five times the value of compensatory damages, whichever is greater.
Call Our New Brunswick, NJ Medical Malpractice Attorneys for Assistance
Call our medical malpractice attorneys about beginning a lawsuit to get the compensation you rightfully deserve for your injuries. For a free assessment of the case and your circumstances, call The Carrion Law Firm at (718) 841-0083.