New Jersey Medical Malpractice Lawyer

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Medical malpractice attorneys represent you when you have been injured in any kind of medical procedure, or when a wrong diagnosis or lack of diagnosis leads to an injury. The state of New Jersey, like most states, has a statute of limitations that limits the amount of time you have between discovering the injury and filing a claim. This allows for a discovery of injury after the fact while retaining the standing to file suit. The courts will look at evidence to determine whether you acted in a reasonable manner and whether a reasonable person would have discovered the injury sooner.

Medical professionals are, by law, required to have professional liability insurance so they can offset the costs and risk of lawsuits that are based on medical malpractice.

Medical malpractice law is a highly technical field of law, and malpractice lawsuits tend to be fiercely defended by well-funded defense firms. Even within the specialized practice of medical malpractice law, some lawyers have subspecialties of practice, for example focusing on surgical errors, misdiagnosis, or birth trauma cases.

Specific elements must be proven in a medical malpractice case in order for there to be an award of compensation or damages. First, it must be shown that the medical professional and the patient had an established relationship in which a duty was owed regarding the care or treatment of the patient. Secondly, there must have been a breach of that duty, meaning that the provider did not conform to the standard of care. This is proven either by an expert who provides testimony or by obvious errors. The attorney also has to show that the breach caused an injury, and that specific damages resulted. If there are no damages, then there is no basis for a claim, even if the medical provider was negligent.

There are different situations in a malpractice suit that may affect the type and amount of damages to which you could be entitled. If the court finds that the medical professional made an honest mistake which could not be foreseen, then you may be entitled only to compensatory damage. If the negligence was egregious or malicious, however, you could be entitled to punitive damages. Your attorney will decide whether the facts of your particular case are strong enough to go forward and if so, they will hire experts to testify on your behalf. The damage awards are capped in the state of New Jersey at $350,000.

Most medical malpractice lawyers will offer an initial consultation free of charge, and will take your case on a contingency basis. This means that you will not need to pay fees up front, but instead will have your award or settlement reduced by a percentage in order to pay the attorney\'s fees. There may be exceptions to this, however, so make certain to discuss all fee arrangements with your attorney before securing her or his services.

There is also a cap on the fees your attorney is allowed to collect at the conclusion of your successful case. If it is a large award, the court can approve an amount higher than the cap. If your damages are less than $20,000, the state requires through law that you present your case to an arbitrator. Whatever lawyer or firm you decide to hire should have the resources available to present and investigate your case on a long term basis.


Legal•Info State Medical Malpractice Information

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