New Jersey Medical Malpractice Attorneys

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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 serious injury or even death.

If you believe you or a loved one were 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 law attorneys at Lynch Law Firm, PC, are experienced in handling a variety of personal injury and 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.

If you are searching for a medical malpractice lawyer near me, 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 their 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 medical malpractice attorney from our firm to discuss your claim.

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 not have 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 attorney intervention.

How Do I Know if I Have Valid Case?

Determining whether you have a valid medical malpractice claim depends on several factors. You and your lawyers for medical malpractice will not only need to prove the healthcare professional made an error, but you must also establish these four elements:

  • 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 medical malpractice attorneys near you are available to discuss your situation. We have extensive knowledge of medical malpractice laws in New Jersey.

Call Lynch Law Firm, PC 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:

  • Physicians
  • Nurses
  • Nurse practitioners
  • Pharmacists
  • Dentists
  • Hospitals
  • Walk-in clinics
  • Specialty doctors like Obstetrics & Gynecology Specialists

If medical malpractice leads to a patient’s death, surviving family members may file a wrongful death lawsuit. With years of experience representing patients who have suffered from various forms of situations like these, our medical malpractice attorneys are ready to assist you.

Compensation Available for a Medical Malpractice Claim

If your medical malpractice lawyer can prove that you were a victim of negligence, you may be eligible for:

Economic Damages – These are the monetary losses you suffered because of medical malpractice, including but not limited to:

  • Loss of income
  • Surgeries
  • Hospital stays
  • Follow-up doctor visits
  • Medications
  • Medical exams (MRI’s, CT Scans, X-rays, etc.)
  • Rehabilitation
  • 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
  • Fear
  • Loss of consortium
  • Loss of enjoyment of life

Although there is no limit on economic and non-economic damages in New Jersey medical malpractice cases, punitive damages are capped at $350,000 or five times the compensatory damages.

Do I Need to File my Claim by a Certain Time?

Yes. The statute of limitations in New Jersey says you have two years to file a medical malpractice lawsuit from the date you discovered your injury.

However, there are exceptions:

  • Minors under 18 – 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.
  • Mentally incapacitated individuals – 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

After filing a claim, the healthcare provider and their attorneys will respond. You must then file an affidavit of merit within 60 days, which a medical expert must sign, confirming that negligence likely occurred.

Our medical malpractice attorneys will handle this step on your behalf, including finding a medical expert who fits the criteria set by state law.

Learn more about how we may be able to assist you. Call (800) 518-0508 .

Are Medical Malpractice Settlements Taxed?

Generally, non-economic damages and punitive damages are taxed, while compensation for economic losses is not. Our attorneys for medical malpractice can provide guidance on minimizing tax liability.

Seek Legal Assistance from a Licensed Professional

Whether you or a loved one has suffered due to the negligence of a healthcare professional within New Jersey, it is crucial to consult with a knowledgeable lawyer for medical malpractice who understands state laws and how to secure fair compensation.

At Lynch Law Firm, PC, our medical malpractice lawyers are dedicated to helping victims recover maximum compensation. We work on a contingency fee basis, meaning 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, PC. Protecting your rights. Call us at (800) 518-0508 .

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