5 Things to Know About New Jersey Medical Malpractice Cases

Car Accidents,Injury • June 10, 2020

When you go in to visit your physician or to a medical facility, it is generally expected that you will feel better after your visit than you did before. However, in too many cases, this is not reality. If you are injured due to a botched surgery or suffered needlessly due to a missed diagnosis, medical malpractice can result in serious injuries or death. The fact is that knowledge is power. Our team of New Jersey medical malpractice lawyers has created a list of the most crucial things that you should know when deciding to pursue a medical malpractice claim. 

What is Considered Medical Malpractice in New Jersey?

Medical malpractice can occur when a New Jersey health care professional has breached the standard of care in the medical community. In order to breach the standard of care, the physician or health care professional has to have done something unreasonable under the given circumstances. This means that another physician would not have acted in the same manner under similar circumstances. If an injury results from this unreasonable action or inaction, medical malpractice is present. 

How Common is New Jersey Medical Malpractice?

Medical malpractice is the third leading cause of death in the United States. Each year, medical malpractice causes the death of 200,000 to 400,000 patients across the country. Up to 20 times that number suffer non-fatal injuries due to medical malpractice. 

Is Medical Malpractice Always Present When There is a Negative Outcome?

This is not necessarily the case. All medical procedures come with inherent risks, and every person will react or respond differently to a respective treatment. The fact of the matter is that even under optimal circumstances and the best physicians mistakes still happen. Even in the most advanced treatments, the health of a patient can worsen, even when there is no medical negligence present. In a medical malpractice case, it is necessary to show that a bad outcome resulted, but a negative outcome does not necessarily mean that malpractice was present in the case. 

Is There a Time Limit to File a Medical Malpractice Lawsuit in New Jersey?

Yes, in most cases, there are deadlines in place for medical malpractice claims in New Jersey. Generally, you have to file a medical malpractice lawsuit in New Jersey within two years from the time of the injury that took place or from when you should have reasonably been aware of your injuries. There are certain circumstances where the deadline may be different. For instance, in the case of a case involving a minor patient, the minor is required to wait until they are 18 years of age in order to file a lawsuit against the negligent provider. However, if a minor sustained fatal injuries due to the negligence of a health care provider, the parents of the child are allowed two years to file a lawsuit. Additional limitations may apply to obvious injuries or injuries involving mental incapacity. Discuss your case with a qualified medical malpractice lawyer in New Jersey if you have any questions about the time limits regarding medical malpractice. 

How Do You Determine if Medical Malpractice Took Place?

Establishing an instance of medical malpractice can be a very complicated undertaking and the legal team of New Jersey medical malpractice lawyers at Brady Reilly & Cardoso, LLC is here to help. It is advised that you discuss your medical injury with an accomplished attorney in order to make the decision whether to file a lawsuit. There are four key steps in proving that medical malpractice has taken place. All of these following elements must be present in order to prove a malpractice case:

  • There has to be a doctor-patient relationship present
  • You have to be able to establish that negligence was present
  • You have to be able to establish that your injury resulted from that negligent behavior
  • You have to be able to present evidence of damages resulting from the injury

Medical malpractice cases are particularly complex and should only be undertaken with the help of a qualified New Jersey medical malpractice lawyer on your side. Schedule a consultation with the legal team at Brady Reilly & Cardoso, LLC today. 

New Jersey Medical Malpractice Injuries 

According to national statistics, medical malpractice is the cause of nearly 120,000 fatalities each year. Other studies have found that fewer than 3% of malpractice victims ever pursue compensation for their injuries or other damages. That means many deserving victims never end up filing a medical malpractice claim. The team of New Jersey medical malpractice lawyers at Brady Reilly & Cardoso, LLC believes that all victims of medical malpractice deserve to recover the compensation needed to cover their losses and damages resulting from an instance of medical malpractice.