Sussex County Medical Malpractice Attorneys
New Jersey law firm represents people injured by healthcare negligence
If you have been injured due to medical negligence, you can pursue compensation for your pain, suffering and financial losses in a medical malpractice claim. However, navigating the complex legal landscape in New Jersey requires a clear understanding of substantive law and procedure. At Hollander, Strelzik, Pasculli, Vandenberg, Hontz & Associates LLC, we have decades of experience representing injured patients. A Sussex County medical malpractice lawyer at our firm can assemble the evidence necessary to hold healthcare providers accountable and obtain the compensation commensurate with the harm you’ve endured.
New Jersey medical malpractice laws
New Jersey’s medical malpractice laws require injured patients to prove that a healthcare provider violated the accepted standard of care, and that this violation directly caused harm to the patient. Importantly, New Jersey imposes a statute of limitations for filing medical malpractice lawsuits, which is typically two years from the date of the injury or from when the injury was discovered, or should have been discovered. New Jersey also caps pain and suffering damages in most of these cases at $350,000, though exceptions exist for lawsuits involving catastrophic or fatal injuries.
Types of medical malpractice
Medical malpractice occurs in a variety of ways, such as:
- Misdiagnosis or delayed diagnosis — When a healthcare provider fails to recognize a condition, leading to avoidable symptoms, improper treatments and/or the threat of more serious harm.
- Surgical errors —These include operating on the wrong body part, leaving surgical instruments inside a patient and performing unnecessary procedures.
- Medication errors — A doctor might prescribe the wrong medication, authorize an incorrect dosage or fail to account for harmful drug interactions. Many people are injured in a nursing home because pharmaceuticals are administered incorrectly.
- Birth injuries — Negligence during pregnancy, labor or delivery that causes harm to the baby or mother.
- Anesthesia errors —Failures can lead to brain injury from anoxia.
- Failure to monitor — Negligent observation leads to complications that appropriate care could have avoided. These cases can include a fall by hospitalized patient left unattended.
Our team is adept at investigating complex claims and relies on reputable medical experts to build a well-supported case.
Filing a medical malpractice lawsuit in New Jersey
Before filing a medical malpractice complaint, an attorney must obtain an Affidavit of Merit from a qualified medical expert stating that the healthcare provider’s conduct fell below the standard of care, causing harm to the patient. Without this affidavit, the court will likely dismiss the case.
Proving medical malpractice occurred
To succeed in a medical malpractice claim, the plaintiff must prove four essential elements:
- Duty of care — The healthcare provider had a duty to care for the patient.
- Breach of duty — The provider made a mistake that violated the accepted standard of care.
- Causation —The mistake directly caused the patient’s injuries.
- Damages — The patient suffered harm, such as physical pain, emotional distress or monetary loss, as a result of the breach.
The injured patient must prove each element by a preponderance of the evidence.
Common defenses medical professionals and insurance companies employ
In response to malpractice claims, healthcare providers and their insurance companies often raise several defenses, such as:
- Contributory negligence — The patient’s own actions contributed to the harm, such as failing to follow medical advice or engaging in dangerous behaviors.
- Assumption of risk — The patient knew of the risks involved in a procedure or treatment, chose to proceed and simply had a poor outcome.
- Lack of causation — Medical professionals can argue that even if they made a mistake, it had no impact on the patient’s condition.
- Intervening cause — The patient’s medical problems were attributable to something other than the provider’s mistake.
- Statute of limitations — Insurers and providers may challenge the timeliness of the lawsuit, asserting that the patient filed the claim after the statute of limitations expired.
Due to the complexities of medical negligence cases, you should retain an attorney with extensive experience successfully handling these matters.
Contact an experienced North Jersey attorney for your medical malpractice case
Hollander, Strelzik, Pasculli, Vandenberg, Hontz & Associates LLC, with offices in Newton and Succasunna, represents injured patients in medical malpractice case throughout New Jersey. To schedule a consultation, please call 973-737-1023 or contact us online.
