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New Jersey Medical Malpractice

When someone in New Jersey is injured or dies in a medical setting--either because of a medical professional's actions or because of his or her inaction--the patient, or his or her family, will often consider filing a New Jersey medical malpractice lawsuit.

What Is Medical Malpractice in New Jersey?

According to Wikipedia's definition of medical malpractice:

Medical malpractice is professional negligence by act or omission by a healthcare provider in which the care provided deviates from accepted standards of practice in the medical community and causes injury or death to the patient. Standards and regulations for medical malpractice vary by country and jurisdiction within countries. Medical professionals are required to maintain professional liability insurance to offset the risk and costs of lawsuits based on medical malpractice.

Do You Have a New Jersey Medical Malpractice Case?

At a basic level, you must prove two things to be successful in a New Jersey medical malpractice case:

  • The doctor or medical professional treating you made a mistake
  • You were harmed as a result of that mistake

In determining whether the New Jersey medical professional made a mistake, the New Jersey court will look at the medical standard of care. In other words, what is the generally accepted method of treating patients in your area with similar medical problems? For example, the standard of care for a 90-year-old AIDS patient in New Jersey would not necessarily be the same standard of care for a 45-year-old AIDS patient in Illinois.

Not only must you provide that the New Jersey doctor's act or omission was a mistake, but you must also prove that this mistake injured you.

In other words, you probably do not have a valid New Jersey medical malpractice claim if your doctor treated you according to the medical standard of care in New Jersey. And you probably would not have a valid medical malpractice claim if you were not harmed by the doctor's treatment even if it did violate the standard of care in New Jersey.

Who Can Commit Medical Malpractice in New Jersey?

Doctors, nurses, dentists, technicians, hospitals, and hospital workers can all commit medical malpractice, according to the American Bar Association.

Your New Jersey medical malpractice attorney can advise you whether you have a valid New Jersey medical malpractice claim and against whom you have a potential claim.

How Long Do You Have to File a Medical Malpractice Lawsuit?

Every state has a statute of limitations, or time period in which you can file a civil lawsuit against another party, such as a doctor, nurse, or hospital. The New Jersey medical malpractice statute of limitations is two years.

If you and your New Jersey medical malpractice lawyer are unable to negotiate a settlement with the party at fault in your medical malpractice case, you should consider filing a lawsuit before the statute of limitations runs out. If you do not file a lawsuit within this time period, you give up your right to sue.

Additional New Jersey Medical Malpractice Resources

The Bureau of Justice Statistics information on medical malpractice trials

American Bar Association's medical malpractice resources

The Henry J. Kaiser Family Foundation's report on Medical Malpractice Law in the United States

New Jersey State Board of Medical Examiners frequently asked questions

Lawyers.com medical malpractice information

Medical Malpractice: What You Need to Know

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