New Brunswick Medical Malpractice Attorney
New Jersey lawyer fights for victims of healthcare provider negligence
Injuries due to a medical error can be devastating, both physically and emotionally. If you or a loved one has been harmed by a healthcare provider’s negligence in New Jersey, you may have grounds for a medical malpractice claim. John VR. Strong, Jr. in New Brunswick delivers skillful representation in medical malpractice cases to pursue the justice victims of negligence deserve.
What is medical malpractice?
Medical malpractice occurs when a doctor, nurse, hospital or other healthcare provider deviates from the accepted standard of care, thus causing harm to the patient. The standard of care refers to what a reasonably skilled medical professional should do under similar circumstances. A poor outcome by itself is not evidence of malpractice. The plaintiff patient must present evidence that the provider’s negligence directly caused or worsened their condition.
Most common forms of medical malpractice
While malpractice can occur in numerous ways, claims frequently involve one of the following problems:
- Misdiagnosis or delayed diagnosis — Failing to recognize a serious illness such as cancer or heart disease in time to treat it effectively.
- Surgical errors — Performing an improper procedure, leaving surgical instruments inside the patient or operating on the wrong part of the body.
- Medication mistakes — Administering the wrong drug or dosage, which can lead to serious complications or death.
- Birth injuries — Negligent prenatal care or errors during delivery can result in permanent injury to the mother or child.
- Anesthesia errors — Improper administration of anesthesia might lead to brain damage, cardiac arrest or death.
- Infections acquired in hospitals — Poor facility hygiene and the failure to monitor patients can enable infections to spread from patient to patient.
Haste, inattentiveness, poor training and disregard for protocols are often contributing factors in medical malpractice cases.
Potential consequences to the patient
The effects of medical malpractice can be severe and long-lasting. Patients may suffer harm such as:
- Physical injuries — Depending on the specific failure, medical malpractice might result in permanent disability, spinal cord injury or worsening of the original condition. Patients may need additional surgery or other treatment to correct the damage a provider’s negligence has caused.
- Emotional and psychological harm — Trauma from the incident and/or the exacerbation of the medical condition can lead to anxiety, depression and reduced quality of life.
- Financial losses — Along with the cost of additional medical treatments, victims of substandard healthcare could experience lost income and reduced earning capacity.
In worst-case scenarios, malpractice can result in wrongful death, leaving families to cope with emotional grief and financial instability.
Rights of an injured patient in New Jersey
New Jersey law provides several protections for patients harmed by medical negligence. Key rights include the following:
- The right to file a lawsuit — Victims can seek compensation for medical expenses, lost wages, pain and suffering, and other damages.
- Right to access medical records — Patients generally have the right to see records their providers keep. However, when you file a personal injury lawsuit, you can also demand answers to specific interrogatories and subpoena testimony from anyone with knowledge of your case.
- Right to be informed — Patients have the right to be fully informed of the risks before agreeing to any treatment or procedure.
- Right to legal representation — Victims may hire an experienced medical malpractice attorney to advocate on their behalf.
There are also restrictions on your rights. The NJ statute of limitations requires you to file a malpractice claim within two years of the date the injury occurred or when it was discovered. However, there are some exceptions for minors and conditions that might not be readily apparent. Also, you must file an Affidavit of Merit within 60 days of filing your lawsuit. The affidavit is a sworn statement from a qualified medical expert that the care provided likely deviated from accepted standards.
Contact a Central Jersey medical malpractice lawyer to schedule a free consultation
John VR. Strong, Jr. in New Brunswick represents New Jersey residents who have suffered injuries due to medical malpractice. For a free consultation, call 732-979-2166 or contact us online. Se habla español.