Everything You Need To Know If You’re Thinking of Filing a Medical Malpractice Claim in NJ
Have you ever wondered what happens when a healthcare provider makes a mistake that harms a patient? Medical malpractice is a serious issue that affects thousands of individuals in the United States every year. In New Jersey, medical malpractice cases can be particularly complicated due to the state’s specific laws and regulations. As a result, if you or a loved one has been the victim of medical malpractice, it is crucial to seek the guidance of an experienced Tinton Falls medical malpractice attorney.
At Kreizer Law, we understand the devastating effects that medical malpractice can have on victims and their families. Our team of skilled Tinton Falls medical malpractice attorneys is committed to advocating for our clients and holding negligent healthcare providers accountable for their actions. We have the experience, knowledge, and resources necessary to investigate your case thoroughly, gather evidence, and build a strong case on your behalf.
If you or a loved one has suffered harm due to medical malpractice in Tinton Falls, do not hesitate to contact Kreizer Law today. We offer a free initial consultation to discuss your case and determine the best course of action. Our Tinton Falls medical malpractice attorneys are here to help you seek the justice you deserve.
What is Medical Malpractice?
Medical malpractice occurs when a healthcare professional or facility negligently, intentionally, or recklessly fails to provide proper medical care or treatment to a patient, resulting in injury or harm. In other words, medical malpractice refers to any act or omission committed by a healthcare provider that deviates from accepted medical standards and causes harm to the patient.
Not all medical errors constitute medical malpractice. To prove medical malpractice, it must be demonstrated that the healthcare provider’s actions or omissions fell below the accepted standard of care in the medical community and that the patient was harmed as a direct result of those actions or omissions.
If you believe you have been a victim of medical malpractice in Tinton Falls, NJ, it is important to consult an experienced attorney who can evaluate your case and determine if you have a valid claim. They can help you pursue the compensation you deserve for the harm you have suffered.
What are the Common Types of Medical Malpractice Claims?
Medical malpractice can occur in various forms and can have a devastating impact on the lives of patients and their families. Some of the most common types of medical malpractice include:
- Misdiagnosis or Failure to Diagnose – When a healthcare provider fails to diagnose a patient’s medical condition or misdiagnoses it. This leads to inappropriate or delayed treatment, which can cause further harm to the patient.
- Surgical Errors – Errors during surgery can include performing the wrong procedure, leaving surgical instruments inside the patient, or damaging internal organs or nerves.
- Medication Errors – Medication errors can occur when healthcare providers prescribe the wrong medication or dosage, or when patients have allergic reactions to medications.
- Birth Injuries – Injuries to the baby or mother during labor or delivery, including cerebral palsy, Erb’s palsy, and other birth injuries.
- Delay in Treatment or Failure to Treat Illnesses or Diseases – When healthcare providers fail to provide timely treatment or fail to treat an illness or disease properly, it can lead to significant harm or even death.
- Medical Negligence – Healthcare providers are required to comply with a certain standard of care for their patients. Failure to meet this standard of care can result in injuries, harm, or death to the patient.
- Prescription Drug Errors – Prescription drug errors can occur when healthcare providers or pharmacists prescribe the wrong medication or the wrong dosage of medication.
It is important to note that this list is not exhaustive, and medical malpractice can occur in many other forms. If you suspect that you or a loved one has been the victim of medical malpractice in New Jersey, it is crucial to consult an experienced attorney as soon as possible. An attorney can evaluate your case and help you pursue justice and compensation for your damages and losses.
Some of the most common birth injury claims include the following:
- Cerebral Palsy – A neurological disorder that affects movement, posture, and muscle tone. It is often caused by damage to the brain before, during, or after birth.
- Erb’s Palsy – A condition that affects the nerves in the arm, causing weakness or paralysis. It is often caused by damage to the brachial plexus nerves during delivery.
- Brachial Plexus Injuries – A group of nerve injuries that can occur during delivery, resulting in weakness or paralysis in the arm or hand.
- Group B Strep / Meningitis – Infections that can be passed from the mother to the baby during delivery, leading to severe and potentially life-threatening complications.
- Kernicterus – A rare but serious condition that can occur when high levels of bilirubin build up in a baby’s blood, leading to brain damage.
- Birth Asphyxia-This is a lack of blood flow to or from the fetus in the period before, during, or after the birth process that can result in profound systemic and neurologic damage due to the decreased blood flow.
Some of the most common prenatal misdiagnosis claims include:
- Cystic Fibrosis – A genetic disorder that affects the lungs, pancreas, and other organs. It is often misdiagnosed as asthma or bronchitis.
- Down Syndrome – A genetic disorder that affects a person’s physical and cognitive development. It is often misdiagnosed as a less severe condition or not diagnosed at all.
- Fragile X Syndrome – A genetic disorder that can cause developmental delays, intellectual disability, and behavioral problems. It is often misdiagnosed as autism or attention deficit/hyperactivity disorder (ADHD).
- Sickle Cell Disease – A genetic disorder that affects the red blood cells and can cause chronic pain, infections, and other complications. It is often misdiagnosed as other types of anemia.
- Spina Bifida / Neural Tube Defects – A group of birth defects that affect the spine and nervous system. They are often misdiagnosed or not diagnosed until later in pregnancy.
- Thalassemia – A genetic disorder that affects the production of hemoglobin in the blood. It is often misdiagnosed as iron-deficiency anemia.
- Preeclampsia (PIH) & Eclampsia Misdiagnosis & Mismanagement – A condition that can occur during pregnancy, causing high blood pressure and potential damage to organs. It is often misdiagnosed or not properly managed, leading to serious complications for both the mother and baby.
Common brain injury claims arising from medical malpractice include:
- Airway Management Errors – These errors occur when a healthcare professional fails to maintain an adequate airway for a patient during surgery or other medical procedures.
- Intubation Negligence – Intubation is the process of inserting a tube into a patient’s trachea to help them breathe. Negligence during this process can cause serious brain damage or even death.
- Hydrocephalus – This occurs when there is an accumulation of cerebrospinal fluid in the brain. Failure to diagnose or treat this condition can lead to brain damage.
- Stroke Misdiagnosis – A stroke occurs when blood flow to the brain is interrupted. Failure to diagnose or treat a stroke in a timely manner can result in serious brain injury.
- Bacterial Meningitis – This is a bacterial infection that can cause inflammation of the brain and spinal cord. Failure to diagnose or treat this condition can lead to permanent brain damage.
Common misdiagnosis claims include:
- Breast Cancer – Failure to diagnose or misdiagnosis of breast cancer can result in delayed treatment, leading to more advanced stages of cancer and reduced chances of survival.
- Cervical Cancer – Delayed diagnosis or misdiagnosis of cervical cancer can lead to more invasive treatments and reduced chances of survival.
- Colon / Rectal Cancer – Failure to diagnose or misdiagnosis of colon or rectal cancer can result in delayed treatment, which can cause the cancer to spread to other organs and reduce the chances of survival.
- Prostate Cancer – Delayed diagnosis or misdiagnosis of prostate cancer can lead to more invasive treatments and reduced chances of survival.
- Skin Cancer – Failure to diagnose or misdiagnosis of skin cancer can result in delayed treatment, which can cause the cancer to spread and reduce the chances of survival.
Common hospital negligence claims include:
- Emergency Room Malpractice – Failure to provide timely and appropriate treatment in the emergency room can result in serious harm or death.
- Sepsis Misdiagnosis & Mismanagement – Delayed diagnosis or mismanagement of sepsis can lead to septic shock, organ failure, and death.
- Cauda Equina Syndrome Misdiagnosis – Delayed diagnosis or misdiagnosis of cauda equina syndrome can cause permanent nerve damage and loss of bladder and bowel control.
- Heart Attack Misdiagnosis – Failure to diagnose or misdiagnosis of a heart attack can result in delayed treatment, which can cause permanent heart damage or death.
- Aortic Dissection-An aortic dissection is where the inner layer of the large blood vessel branching of the heart (aorta) tears. This is considered a medical emergency and failure to timely diagnose and treat this condition could result in death.
Do I Have a Medical Malpractice Case?
If you suspect that you or a loved one is a victim of medical malpractice, you may be wondering whether you have a viable case. Medical malpractice cases can be complex and challenging to prove, as not all medical errors necessarily amount to malpractice. It is important to understand that doctors can make honest mistakes, and not every medical outcome can be guaranteed.
That being said, if a medical professional has failed to provide an adequate standard of care, resulting in harm to the patient, it may constitute medical malpractice. A knowledgeable medical malpractice attorney can help you determine whether you have a case. They can evaluate the specific circumstances of your situation and determine whether the medical professional was negligent or failed to provide a proper standard of care.
Medical malpractice cases are typically fact-specific, and there is no one-size-fits-all answer to whether you have a case. However, if a medical professional failed to provide care in a manner consistent with the accepted medical standard and, as a result, caused harm to the patient, it may be grounds for a medical malpractice lawsuit.
If you believe that you or a loved one is a victim of medical malpractice, it is crucial to seek legal guidance from an experienced medical malpractice attorney. They can help you understand your legal rights, navigate the complexities of the legal system, and effectively represent your interests in court. Contact us today to schedule a consultation and learn how we can help you with your medical malpractice case.
Who’s Liable for Medical Malpractice Damages in New Jersey?
When a medical malpractice case is brought to court, one of the essential questions that must be answered is who is liable for the damages. In general, healthcare professionals and healthcare facilities can be held accountable for medical malpractice damages. This includes:
- Pharmacists, and
- Other medical professionals.
Hospitals, clinics, and other healthcare facilities can also be held liable for medical malpractice damages. In some cases, medical equipment manufacturers or other third parties may also be liable for damages. Liability for medical malpractice can be complex and may involve multiple parties. An experienced medical malpractice attorney can help identify all potentially liable parties and pursue maximum compensation for the victim.
How Long Do I Have to File a Medical Malpractice Claim in New Jersey?
In New Jersey, the statute of limitations for medical malpractice claims is generally two years from the date of the injury or when the patient knew or should have known of the injury. However, there are exceptions to this rule, such as cases involving minors or cases where the injury was not discovered until later. Additionally, there is a cap on the amount of time you have to file a claim against a public entity, such as a state-run hospital or clinic, or medical professionals who are employed by the state or a governmental entity.
It’s essential to speak with an experienced medical malpractice attorney as soon as possible to determine the specific deadlines that apply to your case. Waiting too long to file a claim can result in completely losing your legal right to pursue compensation for your injuries.
What Compensation Can I Get from a Medical Malpractice Claim?
If you have been a victim of medical malpractice in New Jersey, you may be entitled to compensation for the damages caused by the healthcare professional’s or entities negligence. The compensation awarded can vary depending on the extent and severity of your injuries and losses.
In general, you may be able to recover the following types of damages in a medical malpractice claim:
- Medical expenses: You may be able to recover the costs of medical treatment and rehabilitation needed to treat the injuries caused by the malpractice.
- Lost income: If your injuries have prevented you from working, you may be able to recover lost wages and future earning capacity.
- Pain and suffering: You may be entitled to compensation for physical pain and emotional suffering caused by the malpractice.
- Loss of enjoyment of life: If the malpractice has caused you to lose the ability to enjoy your life, you may be able to recover damages for this loss.
- Wrongful death: If a loved one has died as a result of medical malpractice, you may be able to recover damages for their wrongful death, including funeral expenses and loss of companionship.
It is important to consult with an experienced medical malpractice attorney in New Jersey to determine the types and amount of compensation you may be entitled to. Your attorney can help you understand the legal process and work to ensure that you receive the full and fair compensation you deserve.
Why Do I Need a Tinton Falls Medical Malpractice Attorney in New Jersey?
If you or a loved one has suffered harm as a result of medical malpractice, you may be tempted to handle the legal process on your own. However, representing yourself in a medical malpractice case can be a complicated and challenging task. Without the knowledge, skills, and resources of an experienced Tinton Falls medical malpractice lawyer in New Jersey, you may not receive the compensation you deserve.
Medical malpractice cases can be complex, involving multiple parties, complex medical records, and intricate legal procedures. An experienced medical malpractice attorney can help you navigate these challenges and build a strong case on your behalf. Here are some reasons why you should hire a Tinton Falls medical malpractice lawyer:
- Legal Knowledge and Experience– Medical malpractice attorneys have a deep understanding of state and federal laws, regulations, and rules related to medical malpractice cases. They can use this knowledge to build a strong case on your behalf and protect your legal rights.
- Experience with Medical Terminology and Procedures – Medical malpractice cases often involve complex medical records, terminology, and procedures. A seasoned attorney can help you understand these records and use them to build a compelling case.
- Negotiation Skills – A medical malpractice attorney can help you negotiate with insurance companies, hospitals, and other parties involved in your case to ensure that you receive the maximum compensation possible.
- Access to Expert Witnesses – Medical malpractice cases often require the testimony of medical experts to prove negligence or wrongdoing. A medical malpractice attorney can connect you with qualified experts to support your case.
- Time and Resources – Pursuing a medical malpractice case can be time-consuming and expensive. An attorney can handle the legal process on your behalf, allowing you to focus on your recovery and well-being.
Hiring an experienced Tinton Falls medical malpractice lawyer in New Jersey can significantly increase your chances of receiving the compensation you deserve. If you or a loved one has been the victim of medical malpractice, don’t hesitate to consult with a qualified attorney as soon as possible.
Call Our Tinton Falls Medical Malpractice Lawyers Today!
If you are reading this, chances are you or a loved one have been a victim of medical malpractice. This can be an overwhelming and confusing time, but rest assured that Kreizer Law has the experience and knowledge needed to help you navigate this complex area of law.
Medical malpractice cases require knowledge of both medical and legal fields. At Kreizer Law, our attorneys have decades of experience in handling these types of cases, allowing us to approach each case with the necessary attention to detail. We have a team of medical professionals and investigators who work closely with our attorneys to gather all relevant evidence and ensure that the strongest case possible is presented on your behalf.
We understand the emotional toll that medical malpractice can have on victims and their families. Our attorneys are committed to providing compassionate and personalized representation to each of our clients, ensuring that their voices are heard, and their needs are met.
For trusted, effective legal counsel that you can count on, please call the office of Kreizer Law today for your free consultation, or send us a message telling us more about your injuries. Call us toll-free 888-578-5222 –1-(800)-458-7842 to begin evaluating your case.
Aside from medical malpractice, we also offer assistance in the following practice areas: