What Is Medical Malpractice? When Does It Occur In New Jersey?
Medical malpractice occurs when a hospital, doctor medical facility or other health care professional, through a negligent act or omission, causes an injury to a patient. The negligence might be the result of errors in diagnosis, treatment, aftercare or health management. In order to succeed in bring such a claim, testimony from an expert in the same field as the person or institution being sued must testify that the applicable standard of care in the community has not been met.
What Does The Plaintiff Have To Prove In A Medical Malpractice Case?
Legally, a malpractice claim can be brought to vindicate any injury, so long as the injured person can show that the applicable standard of care has been violated. However, as these are expensive to bring and difficult to prove, most attorneys will not accept such cases unless the injuries are significant.
What Damages Are Available In A Medical Malpractice Case?
If the injured person can show that he/she was injured as a result of medical malpractice, he/she can obtain compensation for the pain and suffering that resulted from the malpractice, unreimbursed medical bills and income lost due to the malpractice.
What Is The Statute Of Limitations To Bring A Medical Malpractice Suit In New Jersey?
In New Jersey, the general rule is that the victim of medical malpractice has two (2) years from the date of the malpractice to file a lawsuit. That time period can be tolled (held in abeyance) extended, until such time that the injured person knows or reasonably should have known that an act of malpractice had been committed.
What Is Informed Consent? How Does It Apply To My Medical Malpractice Case?
Informed Consent is an affirmative defense under New Jersey law, meaning that in the defendant in a medical malpractice action can show that the plaintiff in the case was appropriately informed of the risks attendant to a medical procedure, that plaintiff will be precluded from obtaining damages when the risk informed of materializes.
For more information on Medical Malpractice Claims In New Jersey, an initial consultation is your next best step. Get the information and legal answers you are seeking by calling (973) 763-8500 today.
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