Jersey City Medical Malpractice Lawyer
Seeking medical treatment is a leap of faith. You put your trust in the medical professionals you see and the facilities where they work. Sometimes doctors and other healthcare providers do not live up to their responsibilities to provide adequate care.
Hospitals, doctors, and other healthcare professionals can cause significant harm to a patient’s well-being. If you believe shoddy medical care had a negative impact on your health, contact a Jersey City medical malpractice lawyer. The personal injury attorneys at our firm will not back down until you have received the maximum compensation you deserve.
Understanding the Standard of Care
A person bringing a medical malpractice lawsuit must prove that their healthcare provider was negligent. In the medical malpractice context, a negligent healthcare provider failed to meet the appropriate standard of care.
The applicable standard of care varies, depending on the situation. In general, a healthcare provider fails to meet the standard of care if they do not apply the same degree of skill, judgment, and knowledge that a similarly credentialed provider practicing in the same area would exercise.
Sometimes, a healthcare professional provides appropriate treatment using all their knowledge and skill, but the outcome is harmful or disappointing. These cases are not examples of medical malpractice. Anyone who suspects that their medical provider did not meet the appropriate standard of care should consult with an experienced attorney in Jersey City to determine whether they have a viable malpractice claim.
Situations that Could Indicate Malpractice
Numerous situations can arise in the course of medical treatment that could constitute malpractice. Our Jersey City lawyers handle medical malpractice cases involving:
- Anesthesia errors
- Birth injuries
- Delayed diagnosis or misdiagnosis
- Failure to obtain informed consent
- Prescribing a contraindicated or inappropriate medication
- Surgical errors
Almost any form of medical treatment or failure to provide needed treatment can be medical malpractice if the healthcare provider did not meet the appropriate standard of care.
A patient bringing a medical malpractice lawsuit typically names their treating physician. Depending on the circumstances, a patient could also name a hospital, surgical center, imaging center, pharmacy, and other licensed healthcare providers, like nurses, physical therapists, optometrists, and others. An experienced attorney will review a patient’s medical records and find all of the people and organizations that may have committed medical negligence in that patient’s case.
Requirements to Bring a Medical Malpractice Claim
Medical malpractice claims are typically more complex than other types of personal injury lawsuits. The law imposes some additional requirements on claimants and their attorneys before a court will hear a medical malpractice lawsuit.
New Jersey Statutes § 2A:53A-27 requires an attorney representing a medical malpractice plaintiff in Jersey City to obtain an affidavit of merit. This is a signed and sworn written statement by a healthcare provider with similar credentials to the professional being sued. The healthcare provider making the affidavit must assert that they have reviewed the patient’s medical records and found evidence that the treating healthcare provider did not meet the appropriate standard of care.
An adult patient must bring their claim within two years of the alleged medical malpractice. When time passes before the patient discovers the healthcare provider’s error, the patient has two years from the date they discovered the malpractice.
Demand Compensation for Medical Errors with a Jersey City Attorney
When a healthcare provider lets you down by failing to give you the care and treatment you deserve, you must take action. Work with a law firm that never settles a case unless they get you maximum compensation.
The Jersey City medical malpractice lawyers at Garces, Grabler, & LeBrocq will aggressively pursue your valid claim. There is no fee unless you win, so reach out today to get started.