New Jersey Hospital Malpractice Lawyers
Medical malpractice or medical negligence is defined as a branch of personal injury law in which an individual suffers an injury because his or her healthcare provider did not follow the standard of care in the treatment of the patient. In medical negligence cases, the standard of care is defined as the actions or measures that a reasonable healthcare provider would have taken under similar circumstances.
Each state, New Jersey included, establishes systems by which a medical board certifies medical practitioners in their particular specialties in an effort to prevent careless, negligent, and unskilled medical practitioners from harming the health and lives of trusting patients
Malpractice and negligence
According to a recent report by the Institute of Medicine “To Err Is Human: Building a Safer Health System,” professional experts approximate that over 98,000 people die annually from medical errors that occur in hospitals. Essentially, that means more people die as a consequence of medical errors than from AIDS, breast cancer, or car accidents!
Types Of Hospital Malpractice
Hospital malpractice includes, but not limited to:
- birth injury such as cerebral palsy
- misdiagnosis of a disease or failure to diagnose
- failing to properly treat a condition or disease
- complications during surgery or with anesthesia
- prescription or medication errors
Healthcare providers are bound by their Hippocratic oath to provide adequate and appropriate treatment at all times for their patients, and the great majority of physicians have dedicated their lives to doing so. However, when a healthcare provider fails to offer the appropriate treatment and as a result the patient suffers injury, the healthcare provider may be held liable for medical negligence.
Healthcare providers can commit medical negligence by failing to do something that should have been done, such as ordering the appropriate tests, or by doing something that should not have been done, such as performing an unnecessary medical procedure, both of which must result in significant injury.
Who is potentially liable for a medical malpractice claim?
Any person or entity that offers healthcare, including and not limited to nurses, doctors, surgeons, physical therapists, technicians, optometrists, dentists, and hospitals can be sued in a court of law for medical malpractice.
Patient’s informed consent
Any time a physician, surgeon, or other healthcare professional is to perform a medical procedure, he or she must first advise the patient of the procedure and the potential outcomes and then obtain his or her consent willingly. If a medical professional fails to obtain consent willingly, he or she could be held legally liable for medical negligence should the patient be negligently harmed. However, there are certain circumstances that do not require informed consent, such as in emergency situations where the patient is unconscious and a family member cannot be reached quickly.
Time limits for filing a medical malpractice lawsuits In New Jersey
Time limits, called statute of limitations, are complex because they may contain as many as three or four separate deadlines. But basically, a healthcare liability claim in New Jersey must be commenced within two years from the date the plaintiff knew or reasonably should have known of the injury. Though there are a couple of exceptions, such as when the malpractice could not be ascertained within the two years and sometimes it extends based on the last date of a course of treatment given.
Determined To Help People Who Have Been Injured by Hospital Malpractice
We understand that when injuries are caused by the negligence of highly trained medical professionals, people are often left wondering how such an error could have happened. We handle medical malpractice claims involving nursing errors including the following:
- Failure to provide enough fall protection
- Bedsores and ulcers from failure to monitor or move patients
- Wrong medication, wrong dosage of medication and other nursing medication errors
- Failure to take complete patient histories
- Failure in proper diagnosis and treatment of infections
- Failure to notify doctor about change in patient’s condition
- Misreading or misinterpreting tests including radiology and pathology tests
Experienced Legal Representation for People Injured by Hospital Malpractice
The law firm of Aiello, Harris, Marth, Tunnero & Schiffman, P.C. has in-depth knowledge in the types of negligence that contribute to hospital errors. Our Certified Trial attorneys provide personalized attention as we seek fair and full compensation on behalf of our injured clients. We also handle wrongful death lawsuits involving hospital and hospital staff errors.
In general, medical malpractice victims must prove four things:
- The healthcare provider was duty bound to provide appropriate treatment to the patient
- The patient suffered an injury
- The healthcare provider did not provide the patient with the appropriate treatment
- The patient’s injury was solely caused by the healthcare professional’s failure to offer proper treatment
In order to prevail, hospital malpractice must be proven by expert testimony. Other doctors in the same area of expertise as the negligent doctor must be willing to testify that the performance of the defendant fell below acceptable standards. Aiello, Harris, Marth, Tunnero & Schiffman, P.C. has a trusted network of such medical experts and hundreds of successful cases of hospital malpractice that were settled or won at trial over their nearly 60 year law practice.
Proving hospital malpractice is a difficult undertaking, but not impossible, especially for our team of personal injury attorneys
Medical negligence cases can be difficult to prove in a court of law and therefore it is important to have experienced and savvy legal representation that can help you gather and sort through the evidence of your case. If you have been injured by medical negligence in New Jersey, contact Aiello, Harris, Marth, Tunnero & Schiffman, P.C. today and we will be more than happy to answer your questions and address your concerns.
Our personal injury attorneys keep flexible office hours, with weekend appointments available, and we can meet you in your home or hospital room if you cannot travel to our office. We handle most personal injury claims on a contingency-fee basis, so you do not pay us until we recover damages for you. Call us today, we’re standing by to assist you at (908) 561-5577 or contact us online.