New Jersey Medical Malpractice Attorneys- Client Reviews
We often have no choice but to put our trust in doctors and other healthcare professionals to provide adequate care. However, far too often mistakes are made that may result in a serious injury or even death.
If you believe you or a loved one was a victim of medical malpractice, inquiring with a licensed attorney who has experience working with these types of cases is recommended.
The New Jersey medical malpractice attorneys at Lynch Law Firm are experienced in handling a variety of medical malpractice cases. Altogether, our firm has recovered over $300 million in compensation on behalf of our clients, including $5.3 million for a failure to diagnose case in Hudson County. Partner James Lynch has been selected for Super Lawyers each year since 2008 and was elected as Vice President of The New Jersey Association for Justice.
Contact us today for a free review of your claim. We are prepared to help you fight for the justice and compensation you need. There are no upfront fees for our services – we do not get paid unless you get paid. Your initial consultation also comes with no obligation, which means no risk to you.
Schedule a free consultation: (800) 518-0508 . Free consultation.
What is Medical Malpractice?
Medical malpractice occurs when a healthcare provider neglects to provide a patient with the appropriate level of care required by accepted medical standards. If a patient is harmed because of a healthcare professional’s actions, or failure to act, the patient may be able to hold the medical care provider liable for damages.
Some examples of medical malpractice could include:
- Failure to diagnose a serious condition
- Failure to provide appropriate treatment
- Surgical errors (operating on the wrong body part, leaving tools inside patients, etc.)
- Prescribing the wrong medication or incorrect dosage
- Mishandling medical equipment
- Hospital-acquired infections
- Anesthesia errors
- Birth injuries
- Emergency room errors
- Failing to warn patients about the risks of a treatment
There are many reasons why medical malpractice occurs. For example, there may have been poor communication between the doctor and his or her staff. The doctor may not have asked for the patient’s medical history to discover things like allergies to medications. Doctors may be fatigued, operating under the influence of drugs, or lack a plan for performing surgery.
It is important to note that an unwanted outcome does not necessarily mean medical malpractice has occurred. However, if you suspect that your healthcare provider has acted negligently or carelessly and caused you harm, you should contact a reputable New Jersey medical malpractice attorney from our firm to discuss your claim.
Is There a Difference Between Medical Malpractice and Medical Negligence?
While medical negligence refers to an honest error on the part of the medical professional, it is viewed as unintentional and may have not been known at the time the medical treatment was administered.
Medical malpractice, on the other hand, is a failure to provide the necessary standard of care for your situation. In other words, if another healthcare professional with similar training would have acted differently, you may have a valid case of medical malpractice. The doctor or other professional who engaged in malpractice either knew what he or she was doing was wrong or should have known.
How Do I Know if I Have Valid Case?
This is a difficult question to answer because there are many important factors involved with a medical malpractice case. You and your lawyer will not only need to prove the healthcare professional made an error; you must also establish the four elements of medical malpractice:
- Doctor/patient relationship – You must provide proof that you were either examined, received treatment, prescribed medication, scheduled for surgery or referred to a specialist for testing or another procedure.
- Failure to provide standard of care – The doctor or healthcare professional did not meet the accepted standard of care for your condition. This means the health care professional did not do what another professional, with similar training, would likely have done in a similar type of situation.
- Causal link to your injuries – You or your attorney must show proof that your injuries would not have occurred if the doctor upheld the accepted standard of care. In other words, you could have avoided the injuries if not for the action or inaction of your doctor.
- Damages were sustained – You must show that damages were created as a result of the healthcare professional’s negligence. For example, medical malpractice may have resulted in the need for more medical treatment, lost wages from missed time at work, pain and suffering, and other damages.
If you have questions about whether you may have a valid case, our New Jersey medical malpractice attorneys are available to discuss your situation. We have extensive knowledge of medical malpractice laws in New Jersey.
Call Lynch Law Firm at (800) 518-0508 . We are here to answer your questions.
Who Could Be Liable for Medical Malpractice?
Medical errors are not limited to doctors and physicians. They can also be caused by many other medical professionals, including:
- Nurse practitioners
- Walk-in clinics
- Specialty doctors like Obstetrics & Gynecology Specialists
With years of experience representing patients who have suffered from a variety of forms of medical malpractice, our New Jersey medical malpractice attorneys know how to determine if you may have a valid case and how to proceed.
We know that a medical error can be devastating for you and your family. That is why we are committed to fighting for your rights and building a strong case for compensation.
Compensation Available for a Medical Malpractice Claim
If you or your attorney can provide enough evidence showing that you or your loved one was a victim of medical malpractice, you may be eligible to receive compensation for damages, including:
Economic Damages – These are the monetary losses you suffered because of medical malpractice, including but not limited to:
- Loss of income
- Hospital stays
- Follow-up doctor visits
- Medical exams (MRI’s, CT Scans, X-rays, etc.)
- Physical therapy
- Transportation to and from medical appointments
- Funeral and burial costs if you lost a loved one
Non-economic damages – These are the emotional and psychological effects of your injuries, such as:
- Physical pain and suffering
- Mental trauma
- Emotional stress
- Sleeping disorders
- Loss of consortium
- Loss of enjoyment of life
In some instances of reckless negligence or malicious intent, you may also be able to seek punitive damages. Although rarely awarded, these damages are meant to punish the medical professional and to discourage others from participating in the same activity.
Although there is no limit on the amount of economic and non-economic damages you can pursue for medical malpractice, New Jersey Law caps punitive damages at five times the amount of compensatory damages or $350,000, whichever amount is greater.
Do I Need to File my Claim by a Certain Time?
The statute of limitations in New Jersey says you have two years to file a medical malpractice claim. This means you must file your claim within two years from the date you discovered or should have discovered your injury. If medical malpractice results in death, you have two years to file a wrongful death claim on behalf of your loved one.
If you do not file your claim within this period, you risk the possibility of having your case thrown out by the courts. However, there are some situations where this two-year period could be extended:
- An injury to a minor – If the child was under the age of 18 at the time malpractice occurred, the two-year clock will not begin to run until his or her 18th birthday.
- A person who is mentally incapacitated – If the injured victim is mentally ill or disabled, the deadline could be put on hold until he or she has recovered to a more stable mental state.
Providing Proof of Medical Malpractice
Once you file a claim, the health care provider and his or her attorneys will have a chance to respond. When they do, you are required to file an affidavit of merit within 60 days of receiving that response. An affidavit of merit must be completed by a qualified medical expert stating there is a reasonable probability your injury was the result of negligence on the part of a medical provider.
Lynch Law Firm is prepared to handle this step on your behalf, including finding a medical expert who fits the criteria set by state law. For example, the expert could be someone actively practicing in an area of medicine like the area of medicine of the medical professional who caused your injury.
Learn more about how we may be able to assist you. Call (800) 518-0508 .
Are Medical Malpractice Settlements Taxed?
Generally, non-economic and punitive damages are taxed and compensation for economic damages is not taxed. However, this is a complex issue you should discuss with your attorney. One of the benefits of hiring an attorney is he or she can work to try to prevent the wrong parts of your settlement from being taxed.
Seek Legal Assistance from a Licensed Professional
Whether you or a family member suffered from the negligence of a healthcare professional, it is important to speak with a licensed attorney who has handled similar cases in the past.
At the Lynch Law Firm, our attorneys are well-versed in state laws on medical malpractice and how to build strong cases for victims. We are prepared to manage the investigation, filing of your claim and settlement negotiations. Our goal is to get you the maximum compensation that may be available.
We know how these types of situations can cause an unexpected financial burden for the victim and his or her family, which is why offer a free initial consultation to our clients. There are no upfront fees to pay and no hidden costs. We only bill you if we win compensation for your case.
Our office is located in Hasbrouck Heights, which is only a 10-minute drive from the Columbia University Irving Medical Center.
Lynch Law Firm. Protecting your rights. Call us at (800) 518-0508 .