Medical providers have a legal responsibility to practice within accepted standards of care within the particular specialty of medicine that encompasses the treatment being rendered to the patient. If a medical practitioner departs from the accepted standards of care, and the departure results in injury or death, it is considered medical malpractice. The victim of the malpractice has the right to pursue legal action.
If you or a loved one has suffered injury or death due to medical malpractice, contact our medical malpractice and negligence lawyers in Monmouth County, NJ, for quality legal guidance. Medical malpractice is a challenging area of law, and the prosecution of medical malpractice cases, in general, should be handled by law firms that have the skill, experience, and resources to properly investigate and, with the appropriate support from qualified medical experts, pursue the case.
Our medical malpractice lawyers have helped clients throughout the State of New Jersey, including:
At Cerussi & Gunn, P.C., we are very selective regarding the legal cases we accept and prosecute. Our lawyers that handle medical malpractice cases carefully screen potential cases before deciding to file a lawsuit against a professional such as a physician, nurse, pharmacist, or other medical professionals. The screening process includes:
Our firm takes great pride in only prosecuting medical malpractice cases that we feel confident are supported by credible and objective medical evidence. We also make certain that the firm’s reviewing medical experts are board-certified and that these physicians are giving honest and ethical reviews of the potential case.
We only accept cases in which the harm to the patient resulted in serious personal injury, including birth injury, permanent disability, or wrongful death. Our lawyers understand and prioritize finding out why the medical event occurred and helping to prevent other potential future acts of medical negligence.
We believe that our cases can change the way hospitals and doctors practice medicine. We want to make patient safety an important topic and priority. We also know how important it is for the injured person or the decedent’s family to be compensated for pain and suffering, medical bills, and lost wages.
Determining whether you have grounds for a medical malpractice claim in New Jersey requires help from an attorney. Understanding the definition of medical malpractice in your state, however, can help you understand your rights. Our medical malpractice and negligence lawyers in Monmouth County, NJ, can assist you in understanding your rights.
Any action or omission that a reasonable and prudent physician would not have committed in the same or similar circumstances can constitute medical malpractice or medical negligence. Although there are many forms of medical malpractice, some are more common than others.
Physicians must use a specific process when diagnosing patients. They must create a list of possible diagnoses based on the patient’s complaints and medical history. Then, they must use the process of elimination to narrow down the possible diagnoses until making the most accurate diagnosis. Misdiagnosis is the negligent failure to come to the correct diagnosis if another physician in the same position would have.
Birth injuries are medical negligence if a doctor, nurse, or surgeon negligently does something wrong during pregnancy, labor, or delivery. If a doctor uses incorrect birthing techniques during a complicated delivery, for example, and this injures the infant, it is medical malpractice.
Medication errors can refer to a doctor prescribing the incorrect drug or dosage, a pharmacy incorrectly filling a prescription, or administering the wrong drug. Medication errors can cause serious health problems, including overdoses and adverse drug interactions.
It is critical for an anesthesiologist to correctly mix the right type and dosage of anesthesia for an operation. Negligence in anesthesiology can lead to too much or not enough anesthesia being administered to a patient. This can cause serious problems such as anesthesia awareness or permanent brain damage.
Errors during surgery can be disastrous for a patient. If a surgeon makes a careless mistake, such as damaging a nerve or nicking an artery, the patient may suffer severe health complications. Common examples of operating room errors include:
If our attorneys believe you have grounds for a medical malpractice claim in New Jersey, we can help you prove your case based on the required evidentiary standard. This standard is enough evidence to convince a jury that the defendant is more likely responsible for the injury than not (a preponderance of the evidence).
Proving medical malpractice takes proof of four elements:
A lawyer will gather evidence to establish these four elements. Evidence in a medical negligence claim may include eyewitness statements, photographs and videos, medical tests and records, and testimony from a medical expert.
In most instances, you have two years from the date of the malpractice to file a medical malpractice lawsuit in New Jersey. If you fail to initiate your lawsuit within two years of the medical error, you will most likely forfeit the right to file. However, if you did not discover your injuries immediately, you may have two years from the date of discovery. You and an experienced medical malpractice attorney at Cerussi & Gunn, P.C. will need to gather the medical records, retain an expert who supports the case, and file a lawsuit by the deadline.
You will file a Complaint with the Superior Court in the County where the medical error occurred. You will also need to file an Affidavit of Merit within a short time after filing the Complaint. This is a document signed by a licensed medical professional that declares he or she believes the defendant’s acts and/or omissions fell outside of the acceptable standards of care. The experienced medical malpractice attorneys at Cerussi & Gunn, P.C. will retain the necessary experts and file the Complaint on time.
It is a common misconception that filing a medical malpractice lawsuit guarantees a court trial before a judge and jury panel. Not every – or even most – medical negligence claims resolve with a trial. Instead, most insurance companies prefer to settle claims before reaching the trial stage, as this is less costly. The vast majority of medical malpractice claims in New Jersey do not resolve with a trial, but with a settlement.
Instead, your medical malpractice attorney may submit your claim to the insurance company of the physician or health care center responsible. The insurance company will investigate your claim and decide whether to accept or reject the claim.
If the insurance company rejects your medical malpractice claim or refuses to offer a fair settlement amount, a Complaint would have to be filed. This is why it is vital to hire a medical negligence lawyer with experience in litigating and trying medical malpractice cases. If your case does not settle you can be confident that your lawyer will have the knowledge and expertise to represent you and effectively prepare your case.
Medical malpractice is a serious form of wrongdoing that can compromise a patient’s treatment and recovery. No health care provider should engage in careless, negligent, or reckless acts when caring for a patient. Unfortunately, thousands of patients suffer serious injuries and are killed as a result of preventable medical negligence. That’s where the help of an experienced medical malpractice law firm can help.
If you believe you or a loved one is a victim of medical malpractice, contact the New Jersey medical malpractice lawyers at Cerussi & Gunn, P.C. We offer free, 100% confidential initial consultations, where we will review the facts of your case and let you know if we believe it has merit. If so, we may extend our legal services to you and your family during this difficult time and have the case reviewed by an expert.
Learn more about your rights and legal options today. Request a free case review online from one of our medical malpractice and negligence lawyers in Monmouth County, NJ, or by calling (732) 936-9920.
In addition to handling medical malpractice cases the lawyers in Monmouth County, NJ, at Cerussi & Gunn, PC, also handle cases involving: