Medical malpractice occurs when a healthcare provider deviates from the established standard of care, harming a patient. Malpractice is not the same as dissatisfaction with a treatment outcome and does not apply to every mistake.
If you suspect you or a loved one were harmed by a negligent medical professional, Stark & Stark Attorneys at Law may be able to assist you in filing a claim and seeking compensation for your losses. To schedule your free consultation, contact us online or call (800) 535-3425.
What kinds of mistakes amount to malpractice?
Medical malpractice takes many forms, including but not limited to the following:
- Prescribing the wrong medication or incorrect dosage
- Failing to diagnose a condition or misdiagnosing an illness
- Improperly treating or delaying the treatment of a medical condition
- Anesthesia errors, such as the administration of an incorrect dose
- Providing substandard care during labor or delivery resulting in birth injuries
- Performing an unnecessary procedure or prescribing unnecessary drugs
- Failing to obtain informed consent (i.e., not informing a patient of the risks of a procedure)
- Failing to follow up with a patient after treatment
If you are unsure whether you have a case, contact our New Jersey medical malpractice lawyers for help.
What should I do after experiencing malpractice?
If you think you may have been the victim of medical malpractice, there are several steps you can take to protect your health and your legal rights.
- Obtain a second opinion from a doctor without affiliation with the medical professional or facility potentially responsible for your injury. Seeking a second opinion can validate the severity of your injury and assist in making informed decisions about future treatment.
- Contact a New Jersey medical malpractice lawyer to assess whether you have a valid claim. If so, they can gather evidence, consult expert witnesses, and prepare your case for trial.
- Maintain a comprehensive record of all communication with your doctor and retain copies of invoices, bills, and receipts. Consider keeping a treatment journal to document the progress of your recovery.
How much does it cost to hire a medical malpractice lawyer?
At Stark & Stark, our dedication to justice is evident in our contingency fee pay structure. You do not incur any charges unless we effectively settle your claim. Our attorneys offer complimentary consultations, allowing you to initiate legal processes without financial risk. Contact us today to arrange your free consultation and embark on the initial stages of legal assistance.
How long do I have to file a claim in New Jersey?
New Jersey has a two-year time limit, known as the statute of limitations, for filing a medical malpractice claim. The clock starts running when the malpractice occurs or when the patient should have reasonably discovered their injury or that their injury was caused by malpractice.
Although limited exceptions exist, most victims lose their right to sue for malpractice after two years. While this may seem like a long time, it can pass by quickly, and a lot of work may need to be done to build a strong case before it can be filed.
What damages may I be able to claim?
Compensation, also called ‘damages,’ encompasses the costs and losses resulting directly from your injury. In medical malpractice cases, both economic and non-economic damages are common.
Economic damages aim to reimburse victims for tangible financial losses, including:
- Costs related to hospitalizations, surgeries, or other necessary treatments to address the mistake
- Lost wages
- Future medical expenses
To address genuine but intangible losses related to emotional and psychological distress, malpractice victims may pursue non-economic damages, such as compensation for emotional and psychological suffering and the impact on overall quality of life.
How do you prove medical malpractice?
To effectively pursue a medical malpractice claim, three fundamental elements generally need to be established:
- Occurrence of a violation of the standard of care.
- Negligence that directly resulted in an injury.
- The injury caused significant damage.
Who may be liable for my injury?
Entities accountable for medical malpractice may encompass the treating doctor or nurse, hospitals, pharmaceutical companies, medical device manufacturers, and others.
A proficient medical malpractice attorney can aid in identifying all potential sources of compensation, collecting the evidence required to establish fault, and ensuring that victims receive the maximum compensation they may be entitled to.
We work to obtain maximum compensation
Our medical malpractice lawyers in NJ are skilled in the negotiation and litigation of medical malpractice cases, enabling us to maximize the compensation our clients receive for their injuries.
We understand that no amount of money can undo the harm caused by medical malpractice. Still, we strive to ensure that our clients are awarded the resources necessary for optimal recovery and a better future.
While most malpractice cases are settled out of court, we are prepared to take any case to trial if necessary to achieve the best possible outcome for our clients. A certified trial attorney oversees each case to ensure we are ready for any eventuality.
How do I deal with insurance after experiencing malpractice?
Insurance companies are motivated to reduce their payout obligations and may urge you to accept a settlement significantly lower than you might be entitled to. If contacted by an insurance company following a malpractice claim, refrain from direct communication except to verify your identity. Direct the agent to your attorney, who can manage communication.
Avoid signing documents or agreeing to a settlement before consulting with your legal team. You are not obliged to provide statements, and it is often advisable to remain silent until you have had the opportunity to speak with an experienced medical malpractice lawyer in New Jersey.
Our New Jersey medical malpractice lawyers are ready to help
The New Jersey medical malpractice lawyers at Stark & Stark are here to guide you through filing a claim and pursuing justice. Our personalized approach and in-depth legal knowledge allow us to build robust cases that maximize our client’s physical and financial recovery.
All cases begin with a free consultation, so if you are ready to start exploring your options, call us today at (800) 535-3425. With our team in your corner, you can begin rebuilding your life and start to move forward.