Medical malpractice occurs when a healthcare professional or a healthcare institution breaches, or violates, the standard of care, resulting in harm to the patient or when the negligent treatment worsens his or her condition. These devastating errors and substandard level of care can possibly go unnoticed for months or years but may result in long term or irreparable injury serious injuries, permanent disability, and even wrongful death. Recent studies by Becker´s Hospital Review and Zippia list New Jersey among the most patient-friendly in regards to medical malpractice lawsuits.
If you believe a medical professional, technician, or other healthcare provider has injured you or a family member and resulted in medical injuries, the clock begins to tick on the period of time you have to file a claim to recover just compensation for your injuries. The Law Office of Brian J. Levine, is here for you. For 20 years, our law firm has been assisting clients in Somerville, Bridgewater, New Brunswick, Franklin, Hillsborough and all over both Somerset and Hunterdon Counties with holding hospitals, medical staff and insurance companies accountable. We invite you to contact us today to schedule a free and confidential consultation regarding your medical malpractice, personal injury or insurance defense case at 908-524-0123.
Statute of Limitations & Standard of Care in Hunterdon County Medical Malpractice Claims
New Jersey has limits on how long a patient can wait to take legal action in medical malpractice cases (sections 2A:14-2 and 2A:14-21). The statutes of limitations are very strict and if the allowable amount of time has passed, you can no longer file a medical malpractice claim. This two-year countdown begins when the doctor breaches the standard of care, so a patient has up to two years to file a medical malpractice lawsuit based on negligent conduct, against the healthcare professional, provider, or institution.
Often a patient is unaware that he or she has been injured until well after the incident of medical negligence occurs. In these situations, New Jersey law says the statute of limitations does not begin counting down until the patient becomes reasonably aware that injury has occurred or could reasonably have been expected to discover they were harmed by medical malpractice.
Things get more complicated when the injured party dies, as the courts must decide whether the wrongful death statute applies or whether the statute of limitations for medical malpractice applies.
In New Jersey, the statute of limitations may be extended if the defendant left the state after committing the malpractice, or if the victim of malpractice was mentally ill or mentally disabled.
Common types of Medical Malpractice experienced by Patients in Somerset County
Having sustained an injury during the course of treatment is not enough to prove medical malpractice in New Jersey, expert witness testimony will be necessary to prove this injury was directly caused by the medical provider’s breach. These types of negligent actions often vary greatly. They may include but are not limited to the following:
- anesthesia errors
- bedsores or pressure ulcers
- defective, poorly designed or contaminated medical devices or products
- emergency room errors
- failure to order or perform appropriate tests or to act on results
- misdiagnose or failure to diagnose heart attack & pulmonary embolisms
- delayed or misdiagnosis of cancer
- hospital acquired infections or infectious diseases
- leaving foreign bodies inside the patient after surgery (i.e., gloves, sponges, needles, gauze, clamps, etc)
- nursing home negligence
- pediatric errors, obstetrical malpractice that may have resulted in infant or mother’s death due to labor or delivery mismanagement, especially in a low-risk pregnancy
- patients self-harming, attempting, or committing suicide while in the care of health staff
- persistent pain after surgery
- premature discharge or being released to an unauthorized individual
- prescribing the wrong dosage or the wrong medication
- unnecessary or incorrect surgical events (i.e., operating on the wrong patient, the part of the body or removing the wrong organ)
- wrongful death due to communication failures or failure to check and stay current with pathology, lab or radiology test results
The list of dangers posed by medical malpractice is extensive and may include negligent actions that are not listed above. If you believe you are the victim of any type of medical malpractice it is critical that you contact an experienced and skilled attorney as soon as possible.
Get a Legal Evaluation from a New Brunswick NJ Medical Malpractice Attorney Today
If you feel like your licensed care physician or medical institution has made a mistake during your operation or treatment that resulted in further injury to you, a loved one, or the wrongful death of a family member, you may be a victim of medical malpractice.
Don’t underestimate the seriousness of your medical malpractice case. Don’t simply assume your insurance company will take care of everything. Doctors and hospitals will often hire entire teams of lawyers to defend their actions. You can fight back with The Law Office of Brian J. Levine, at your side. Brian Levine has achieved inclusion in the Super Lawyers list published by Thomson Reuters every year since 2009 in the field of medical malpractice. As a former defense attorney for New Jersey doctors and hospitals, he will use his unique insight to construct the most effective claim on your behalf.
Contact The Law Office of Brian J. Levine today at 908-524-0123 to schedule a free and confidential consultation and case evaluation regarding your potential medical malpractice claim before your time to file a claim expires.