When it comes to our health, we trust that trained medical professionals will provide appropriate care. However, when the medical expert we rely on makes a mistake that causes injury or damage to us, they may have committed an act of medical malpractice. There are certain standards of treatment that doctors and other medical personnel must adhere to, and their inability to follow these standards makes them negligent.
These mistakes include, but are not limited to:
When medical malpractice does occur, a claim can be filed against the doctor or medical professional who performed the negligent act, the hospital, or the agency that operates the facility where it occurred.
In a recent Newark medical malpractice case, a child’s guardian was awarded a $18,517,000 verdict against two doctors at Newark Beth Israel Medical Center. When the mother was in labor, the baby was in fetal distress for several minutes, and it took the doctors about 20 minutes before a C-section was performed. It was illustrated through expert testimony in the trial that the child was deprived of oxygen at birth, which was proven to be the direct cause of his cerebral palsy. The brain damage was so severe that it would require the child to receive life-long care. The aunt, who adopted the child in 2007, was awarded damages for past medical costs, life care plan, lost wages, and pain and suffering.
Establishing Medical Malpractice
In order to have a successful medical malpractice claim there are four things that must be present:
1. Damages arose from the injury. This is the most important aspect because if there are no damages present then it does not matter if there was a negligent act or not. You cannot bring up a civil suit without damages such as past and future medical bills, lost wages, and pain and suffering.
2. There had to be a service owed to the patient. Whenever a patient is treated at a hospital or by a health care professional, there is a legal duty on their part to provide adequate treatment.
3. The care standard was violated. The professional failed to adhere to the accepted standards set forth for treatment. This could be a failure or incorrect diagnosis, wrong or inadequate treatments, or another mistake.
4. Their action resulted in injury. The error or negligent act performed by the medical professional was the direct cause of harm to the patient.
Statute of Limitations
In New Jersey, a medical malpractice suit must be brought within two years from when the incident occurred. The statute of limitations for minors is as follows: for a non-birth injury, the claim must be filed within two years of the child’s eighteenth birthday; for an injury at birth, those born before July 2004 have to make a claim within two years of their eighteenth birthday; and those born after July 2004 only have until the child’s thirteenth birthday. This does not necessarily mean from the date the negligent act actually happened but rather when the person reasonably became aware that they had been injured.
Expert Witnesses and Costs
Newark medical malpractice claims can be very difficult and expensive to pursue. These types of claims call for many hours of investigation and require the testimony of medical experts. The experts play a crucial role in proving that medical malpractice occurred. It can be very overwhelming to put a value on your injury or to determine who is actually liable, but a skilled Newark medical malpractice attorney can help.
With our No Fee Promise, we will front all the costs necessary to help you win your case. We do not believe justice should be limited by financial means, so if we don’t win money for you then you don’t owe us anything.
When it comes to medical malpractice you may not only suffer from the physical pain but also feelings of betrayal, anger, and confusion. A qualified New Jersey medical malpractice lawyer can help you through the process of gathering evidence and obtaining proper medical experts. We will keep you informed through the entire process of the case. Call us today to set up your free, no-obligation consultation at (866) 778-5500.
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