Medical Malpractice

Experienced New Jersey Medical Malpractice Law Firm

We trust our medical professionals with the most precious thing we have: our health and the well-being of our families. Breaking that trust is inexcusable – but it happens every single day in hospitals and doctor's offices across the nation. If a medical professional broke your trust, a skilled New Jersey medical malpractice lawyer can help.

Each time we go to a medical facility, we expect healthcare providers to evaluate our symptoms properly and promptly. We want to believe that they will diagnose and treat our illnesses and injuries within the standards of care accepted and practiced by the medical community. Unfortunately, this isn’t always the case.

Medical negligence claims in New Jersey can be complex. They require a thorough understanding of the law and medicine. If you or a loved one has been the victim of medical negligence, it’s important to seek legal counsel from an experienced New Jersey medical malpractice lawyer as soon as possible.

What Is Medical Negligence?

Medical negligence is defined as any action – or inaction – by a healthcare provider that deviates from the accepted standards of care and causes harm to a patient. It can occur at any stage of treatment, from diagnosis to aftercare.

There are many different types of medical negligence, including:

• Misdiagnosis or delayed diagnosis
• Surgical errors
• Anesthesia errors
• Birth injuries
• Prescription errors
• Emergency room errors
• Inadequate follow-up or aftercare

Negligent Actions

Despite their oath to “do no harm,” so many procedures and treatments in medicine can do a great deal of harm if misused.

Among the more common negligent actions a healthcare provider can take include:

• Misdiagnosing a patient’s condition or diagnosing the wrong condition and subsequently employing treatment methods that could harm patients needlessly.
• Prescribing incorrect or contraindicated drugs and medications that pose more risk than potential benefits. Prescribing medications at dangerously high dosages, also called overprescribing, can also be a form of malpractice.
• Making surgical errors is another unfortunately common way in which medical professionals can unintentionally cause serious harm or even death to patients.

These negligent actions can have devastating consequences for patients, their families, and society. Medical malpractice is a major problem in the United States, and it is one that healthcare providers need to be held accountable for. If you or someone you love has been the victim of medical malpractice, it is important to seek legal assistance as soon as possible. An experienced medical malpractice attorney can help you understand your rights and options and fight for the compensation you deserve.

Negligent Omissions

When negligence takes the form of omissions or inaction, it typically relates to healthcare professionals failing to do something that they should be doing.

These omissions can include:

• Failing to monitor patients properly
• Failing to properly follow up with patients regarding test results or need for ongoing treatment or testing
• Failing to recognize the significance of a patient’s symptoms and complaints
• Failing to order the right tests or interpret results the right way
• Failing to diagnose or treat conditions promptly
• Failing to treat patients’ medical conditions accordingly or

These omissions can have serious consequences for patients, as their health can deteriorate quickly without the proper monitoring, follow-up, and treatment. If you or a loved one has been a victim of medical negligence, it is important to speak with an experienced attorney who can help you understand your rights and options.

What Are the Elements of a Medical Negligence Claim in New Jersey?

To file a successful medical negligence claim in New Jersey, you must be able to prove four elements:

• The healthcare provider owed you a duty of care. This means that they had a responsibility to provide you with a certain level of care, based on their training and experience.
• The healthcare provider breached their duty of care. This means that they failed to provide the level of care that they owed you.
• You were injured as a result of the breach. This means that you would not have been injured if the healthcare provider had not breached their duty of care.
• You suffered damages as a result of your injuries. This means that you incurred financial losses, such as medical bills and lost wages, because of your injuries.

If you can prove these four elements, you may be entitled to compensation for your injuries. An experienced New Jersey medical malpractice lawyer will be able to help you navigate the claims process and fight for the compensation you deserve.

What Is the Statute of Limitations for Medical Negligence Claims in New Jersey?

The statute of limitations is the time limit you must file a medical negligence claim in New Jersey. In most cases, you have two years from the date of your injury to file a claim. If you miss the deadline, you will likely be barred from pursuing compensation.

There are some exceptions to the two-year statute of limitations. For example, if you did not discover your injury until after the two-year mark, you may have additional time to file a claim. An experienced New Jersey medical malpractice lawyer will be able to help you determine if you have a claim.

How Can a New Jersey Medical Malpractice Lawyer Help?

If you or a loved one has been the victim of medical negligence, it’s important to seek legal counsel from an experienced New Jersey medical malpractice lawyer as soon as possible. An attorney will be able to review your case and help you understand your legal options.

Medical negligence claims are complex. They require a thorough understanding of the law and medicine. A skilled New Jersey medical malpractice lawyer will have the knowledge and experience necessary to build a strong case on your behalf.

If you have been the victim of medical negligence, contact an experienced New Jersey medical malpractice lawyer today. An attorney will be able to review your case and help you understand your legal options.

Medical Malpractice in Birth Injuries

From the first prenatal care visit to the actual delivery and immediate post-birth care, doctors, nurses, and other providers must adhere to the standards of care for the best chances of a healthy pregnancy and birth. The providers involved in a mother’s and baby’s care can act negligently in many ways throughout the pregnancy, birth, and post-delivery care, such as:

• Failing to interpret obstetric ultrasound studies properly
• Failing to order or perform C-sections when needed
• Applying too much force during delivery and causing injuries to the child
• The improper use of forceps/vacuum

If any of these actions are taken without the proper care or precaution, it could result in a birth injury. Birth injuries can be debilitating and life-long, leaving the child and family with astronomical medical bills, as well as the pain and suffering that comes along with a serious injury.

If you or your child has suffered a birth injury due to the negligence of a doctor, nurse, or another medical professional, you may be entitled to compensation. An experienced birth injury lawyer can review your case and advise you of your legal options.

Medical Malpractice Misdiagnosis

A misdiagnosis can have serious consequences. In many cases, the earlier doctors begin treating a condition, the better the prognosis. This is especially true of the most devastating medical conditions, such as cancer and cardiac ailments. Any delay in getting the treatment you need for one of these brutal diseases could mean the difference between a favorable prognosis and a bleak one – even between life and death.

There are many ways a misdiagnosis can happen, including:

• Failure to order appropriate tests: If your symptoms point to a certain condition, your doctor should order tests that will either confirm or rule out that diagnosis.
• Failure to refer to a specialist: Many specialists focus on specific conditions or systems of the body. If your doctor is unsure about your diagnosis, he or she should refer you to the appropriate specialist for further testing and treatment.
• Failure to consider all possible diagnoses: All too often, doctors fixate on one diagnosis and fail to consider other possibilities. This can happen for a variety of reasons, including cognitive bias and overly reliance on tests with false-positive results.
• Misinterpreting test results: Even when the right tests are ordered, mistakes can be made in interpreting the results.
• Failing to follow up: Once a diagnosis is made, your doctor needs to keep track of your condition and make sure that you’re getting the treatment you need. Unfortunately, this doesn’t always happen.

If you believe that you or a loved one has been the victim of a misdiagnosis, it’s important to speak with an experienced medical malpractice attorney as soon as possible. A lawyer can help you understand your legal options and fight for the compensation you deserve.

Medical Malpractice Hospital Errors

One of the most common places for medical malpractice to occur is in the hospital. With so much going on, it's not surprising that mistakes can happen.

Some of the most common hospital errors include:

• surgical errors
• medication mistakes
• mix-ups with patient records.

These mistakes can have serious consequences for patients and can even be fatal in some cases. If you suspect that you or a loved one may have been the victim of hospital negligence, contact an experienced medical malpractice lawyer today. You deserve to get the compensation you deserve.

How Common Is Medical Malpractice?

The answer to this question is far from clear, as medical errors are thought to be underreported. However, what is certain is that mistakes are far too prevalent. The American Medical Association (AMA) reports that medical errors in the U.S. cause nearly 100,000 deaths annually – more deaths per year than those that result from highway accidents. The American Association for Justice puts that number considerably higher, at 440,000 deaths per year.

Even one death – or a life-changing injury – due to a preventable medical error is one too many. For those who do suffer from medical malpractice, the consequences can be devastating. If you or a loved one has been a victim of medical malpractice, it is important to seek legal counsel to protect your rights.

What Causes Medical Malpractice?

Medical malpractice is preventable. If doctors, nurses, and other healthcare providers always met the standard of care, there would be no instances of medical negligence.

Unwanted outcomes may still happen, because a patient’s condition did not respond well to treatment or because there simply isn’t medicine advanced enough to treat a serious illness effectively. However, they wouldn’t happen unnecessarily, because of the irresponsible actions of a medical provider.

Many factors can contribute to incidents of medical malpractice, including:

• Failing to listen to the patient
• Poor communication with the patient or their family
• Not ordering necessary tests
• Misinterpreting test results
• Failing to refer the patient to a specialist
• Not keeping up with current medical standards
• Ordering too many tests or unnecessary treatments
• Administering the wrong treatment or dosage
• Operating on the wrong body part
• Leaving foreign objects in the body after surgery

These mistakes can happen at any stage of treatment, from diagnosis to post-op care. They can be the result of a momentary lapse in judgment or a systemic problem within the medical facility. In either case, they can have devastating consequences for the patient.

If you or a loved one has been injured by medical negligence, you may be entitled to compensation. An experienced medical malpractice attorney can review your case and help you understand your legal options.

How Does a Medical Malpractice Lawsuit Work?

When you've been injured by a medical professional, you may be wondering how a medical malpractice lawsuit works. Here is a quick overview:

In a medical negligence lawsuit, the injured patient is known as the "plaintiff." The medical professional accused of causing the injury is referred to as the "defendant."

To win a medical malpractice lawsuit, the plaintiff must prove that the defendant:

• Owed a duty of care to the plaintiff
• Breached that duty of care
• Caused an injury to the plaintiff
• The breach of duty resulted in damages for the plaintiff

If you've been injured by a medical professional, you may be entitled to compensation for your damages. An experienced medical malpractice attorney can help you understand your rights and options.

Who To Sue in Medical Malpractice Claims?

Several different defendants can be sued in medical malpractice claims.

These include:

• Physicians: They can be held liable if they fail to meet the standard of care in diagnosing or treating a patient.
• Nurses: They can be held liable if they fail to provide the proper level of care to a patient.
• Hospitals: They can be held liable if they fail to meet the standard of care in diagnosing or treating a patient.
• Technicians and aides: They can be held liable if they fail to provide the proper level of care to a patient.
• Therapists: They can be held liable if they fail to provide the proper level of care to a patient.
• Chiropractors: They can be held liable if they fail to meet the standard of care in diagnosing or treating a patient.
• Optometrists: They can be held liable if they fail to meet the standard of care in diagnosing or treating a patient.
• Pharmacists: They can be held liable if they fail to meet the standard of care in dispensing medication to a patient.
• Laboratories: They can be held liable if they fail to meet the standard of care in testing a patient's samples.
• Outpatient Medical facilities: They can be held liable if they fail to meet the standard of care in diagnosing or treating a patient.

When To Sue for Medical Malpractice

If you or a loved one has suffered an injury or complication due to medical care, you may be wondering if you have a case for medical malpractice.

Here are some signs that it may be time to pursue a lawsuit:

• You have persistent doubts about the quality of care you or your loved one received
• You suspect that negligence played a role in the injury or complication
• The injury or complication is not improving or is getting worse
• You are struggling to cope with the financial impact of the injury or complication

If you are considering a medical malpractice lawsuit, it is important to speak with an experienced attorney who can evaluate your case and help you understand your legal options.

Medical Malpractice Statutes of Limitations In NJ

If you or a loved one has been the victim of medical malpractice in New Jersey, it is important to understand the state's statutes of limitations. These deadlines can vary depending on the specific type of claim, but you will have two years from the date of the incident to file a lawsuit.

If you miss this deadline, you may lose your right to seek compensation altogether, so it is important to act quickly. However, it is also important to note that the clock starts ticking as soon as you knew or should have known about the alleged malpractice. So, if the error was obvious at the time (such as surgery being performed on the wrong body part), you may have less time than you think.

If you are unsure about the deadlines in your specific case, it is best to consult with an experienced medical malpractice attorney as soon as possible. They can help you understand the laws and give you the best chance of success in your claim.

Can You Reopen a Medical Malpractice Case?

If you miss the deadline to pursue a claim, there are no do-overs. The same is true once you settle a claim, you can’t reopen it just because you now realize it’s worth more than you thought. That’s exactly why it’s so important to get it right the first time. To do that, you will need a law firm with a history of multimillion-dollar medical malpractice results to represent you.

Do not gamble on your future by going with a less experienced law firm, contact us today for a free consultation. We have the experience and resources to get you the compensation you deserve.

How To Find a New Jersey Medical Malpractice Lawyer?

There are many factors to consider when choosing a medical malpractice lawyer in New Jersey. The most important factor is experience. You want to choose a lawyer who has extensive experience handling medical malpractice cases. The lawyer you choose should also have a history of success in these cases.

In addition to experience and results, you should also read reviews of the lawyer you are considering. You can find these reviews online, from other lawyers, and past clients. This will give you a better idea of what to expect if you choose to work with this lawyer.

Finally, you should meet with the lawyer you are considering to get a feel for their personality and whether you would be comfortable working with them. This is a crucial decision, and you want to make sure you are choosing a lawyer with who you feel confident about.

If you take the time to consider all these factors, you will be more likely to choose a New Jersey medical malpractice lawyer who is right for you and who will get the best possible results for your case.

Can I Sue for Medical Malpractice?

The answer to whether you can sue for medical malpractice is not a simple one. Many factors need to be considered to determine if you have a valid claim. Only after a careful review of the facts of your situation can a New Jersey medical malpractice lawyer answer this question.

What we can promise is that it will cost you nothing to find out whether you have a claim. We offer no-cost private consultations about medical malpractice matters, so even if it turns out that you do not have a claim, you haven’t lost anything.

If you think you may have a case of medical malpractice, don't hesitate to reach out to us. We can help you understand your legal options and give you the best chance at getting the compensation you deserve.

How much does it cost to hire a medical malpractice lawyer?

It is important to understand how much it may cost to hire a medical malpractice lawyer before deciding to do so. Our attorneys work on a contingency basis, which means your lawyer will take a percentage of what the firm recovers for you. You don’t have to worry about paying lawyer fees unless there is a positive outcome in your case.

It also aligns your lawyer’s goal with your goal: to get the most money for your claim. Contact the lawyers at Garces, Grabler & LeBrocq to schedule a free consultation and discuss any other costs associated with hiring a lawyer.

What to do when you’ve suffered from medical malpractice?

If you believe that you or a loved one may have been the victim of medical malpractice, it is important to seek legal counsel as soon as possible. The burden of proof in these cases is high, and an experienced attorney can help you navigate the complex process of filing a claim and seeking compensation.

At our firm, our medical malpractice attorneys have extensive experience handling these complex cases. We will review your medical records and consult with experts to determine if there is evidence of negligence. If we believe you have a case, we will fight aggressively to get you the compensation you deserve. If you or someone you love has been the victim of medical malpractice, contact our firm today to schedule a free consultation. We will review your case and help you understand your legal options.

What is the average medical malpractice case worth?

The value of your medical malpractice case will depend on the damages you have suffered. These can include economic damages like medical expenses and lost wages, as well as non-economic damages such as emotional trauma and pain and suffering.

If a medical provider was aware of the risks to a patient's health and proceeded anyway, you may be eligible for punitive damages. The best way to get an accurate estimate of your case's worth is to speak with an experienced medical malpractice lawyer. Contact a medical malpractice attorney at our firm today at 800.923.3456 or contact us online for a free consultation. You deserve to be compensated for your suffering.

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