When you place your health in the hands of a doctor, surgeon, or hospital, you are extending the highest level of trust. You trust their education, skill, and commitment to your well-being.
When a preventable error breaks that trust, the consequences blow you away, leaving you with new injuries, a more difficult prognosis, and a profound sense of betrayal. The harm caused is not just physical; it creates enormous financial and emotional burdens for you and your family.
A New Jersey Medical Malpractice Lawyer works to hold negligent medical professionals and institutions accountable. They build a powerful case to secure the compensation necessary to cover a lifetime of care and restore a measure of justice for the harm you have suffered.
Not every poor medical outcome is the result of malpractice. The practice of medicine carries inherent risks, and sometimes, despite the best care, patients do not recover as hoped.
Medical malpractice occurs when a healthcare provider fails to act with the skill and care that a reasonably competent professional in the same specialty would have provided under similar circumstances.
This failure, known as a breach of the “standard of care,” must directly cause injury or harm to the patient. Building a successful medical malpractice claim requires proving four elements:
New Jersey law includes a specific procedural requirement to prevent frivolous lawsuits against healthcare providers. Before a medical malpractice case can proceed, the plaintiff’s attorney must file an Affidavit of Merit.
This is a sworn statement from a qualified, independent medical professional who practices in the same specialty as the defendant. In this affidavit, the professional must state that there is a “reasonable probability” that the care provided fell outside the accepted standards of practice.
Filing this affidavit is a mandatory step, and failure to do so correctly and on time can result in the dismissal of your case.
The process of obtaining and filing the Affidavit of Merit involves several steps:
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Medical errors can occur in any healthcare setting, from a family doctor’s office to the operating room of a major hospital. An experienced legal team has the resources to investigate and litigate claims from various medical fields.
While each case is unique, many fall into several common categories.
These categories of medical negligence include:
In a medical malpractice case, demonstrating that a provider was negligent is only half the battle. Your attorney must also present compelling evidence that this negligence was the direct cause of your injuries and then quantify the full extent of your damages.
This meticulous process often requires testimony from additional medical and financial professionals.
A malpractice lawsuit secures compensation that will cover all of your past and future losses related to the injury. This ensures your family does not bear the financial burden of a medical professional’s mistake.
The compensation, or damages, sought in a New Jersey claim typically includes:
The law sets a strict deadline for filing a medical malpractice lawsuit. This deadline is known as the statute of limitations. In New Jersey, you must file your claim within two years of the date the alleged malpractice occurred.
If you fail to file within this timeframe, the court will almost certainly dismiss your case, and you will lose your right to pursue compensation forever.
The discovery rule states that the two-year clock does not begin to run until the date that the patient discovers, or through reasonable diligence should have discovered, that they were injured and that the injury may have been caused by a medical error.
Because of these strict deadlines and the complexity of the discovery rule, it is advisable to speak with a lawyer as soon as you suspect that a medical error has harmed you or a loved one.
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First, seek medical attention from a different doctor or hospital to address your immediate health needs and get a second opinion on your condition. Preserve any relevant documents you have, such as prescriptions, bills, and discharge papers. Avoid speaking with representatives from the original hospital or their insurance company.
Then, contact an attorney who handles medical malpractice cases to discuss the details of your situation.
Most medical malpractice attorneys work on a contingency fee basis. This means you do not pay any attorney fees upfront. The lawyer’s fee is a percentage of the financial compensation they recover for you, whether from a settlement or a court verdict.
If you do not recover any money, you do not owe the attorney a fee. The firm also typically advances the costs of litigation, such as expert witness fees and court filing costs.
Yes, you can hold a hospital legally responsible for medical malpractice. A hospital may be liable for its own negligence, such as failing to maintain a safe environment, hiring unqualified staff, or having inadequate patient safety protocols.
A hospital can also be held liable for the negligence of its employees, including nurses, technicians, and resident physicians, under a legal doctrine known as respondeat superior.
When your life has been impacted by a medical error, you need a law firm that combines compassionate counsel with formidable legal strength. Since 1933, Stark & Stark has been fighting for the rights of injured individuals in New Jersey.
Our firm has built a 90-year legacy of integrity, meticulous preparation, and an unwavering dedication to our clients. We recognize that a medical malpractice case is not just about a legal theory; it is about your health, your family, and your financial security.
Our attorneys have the resources and the resolve to take on large hospitals, prominent physician groups, and their powerful insurance carriers. We have a network of distinguished medical professionals across the country who assist us in reviewing cases, preparing Affidavits of Merit, and providing compelling testimony.
A key advantage of our full-service firm is our ability to provide comprehensive support. If a settlement or verdict requires the creation of a special needs trust or a guardianship, our personal injury team works seamlessly with our in-house trusts and estates attorneys to ensure a secure long-term financial plan.
By choosing Stark & Stark, you are choosing a firm that offers:
You have the right to seek answers and demand accountability. To schedule a free, confidential consultation with a New Jersey medical malpractice lawyer, contact Stark & Stark today at 800.535.3425 or complete our online contact form.