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Medical Malpractice
If you or someone you love has been injured by the negligence of a physician, nurse, or health care provider, you may have grounds to seek a recovery of your damages by pursuing a medical malpractice lawsuit.
Medical malpractice claims are complex and cases are fought aggressively by insurance companies that often times care more about profits than people. By working with proven New Jersey medical malpractice lawyers from Levinson Axelrod, P.A., you’ll have the support of a team that knows how to help clients win.
Types of Medical Malpractice Cases we handle
Physician and Hospital Malpractice
Failure to Diagnose
Diagnostic Errors
Surgical Errors
Pharmacy Errors
Anesthesia Accidents
Cancer Misdiagnosis
What Are the Most Common Medical Malpractice?
When medical professionals fail to administer healthcare to the standard demanded by the medical industry, injuries can often result. Victims of this type of negligence deserve compensation, but not every bad outcome constitutes medical malpractice.
- The most common medical malpractice mistakes include, but are not limited to:
- Misdiagnosis or delayed diagnosis – Failing to diagnose a serious condition or misdiagnosing one can lead to significant complications, including death.
- Surgical errors – Common surgical errors include wrong-site surgery, leaving objects in the body during surgery, and performing unnecessary surgeries.
- Pharmaceutical / medication errors – Errors can include prescribing the wrong medication, incorrect doses, or an allergic reaction to drugs.
- Birth injuries – These injuries occur during labor and delivery, often due to medical negligence in the form of failing to monitor fetal conditions or delayed C-section deliveries.
- Anesthesia mistakes – Anesthesiologists must properly administer anesthesia or administer it at too high levels, which can result in brain damage.
- Emergency room errors: Mistakes made during urgent care that can have serious consequences. Examples include misdiagnosis, medication errors, and improper procedures.
- Hospital malpractice: Negligence by a hospital or its staff that causes harm to a patient. This can involve errors by doctors, nurses, or other healthcare professionals.
- Testing Errors: Mistakes in conducting medical tests or interpreting the results. This can lead to delayed diagnosis, inappropriate treatment, or unnecessary procedures.
- Cancer misdiagnosis: Failing to identify cancer when it's present, or diagnosing cancer incorrectly. This can have devastating consequences for a patient's health and treatment options.
- Pharmacy errors: Mistakes made by pharmacists or pharmacy staff that can lead to patients receiving the wrong medication, dosage, or instructions.
This is not an exhaustive list, so many other medical errors may also qualify as medical malpractice. The best way to determine if your injury is the result of medical malpractice is to reach out to a medical malpractice lawyer near you. An Edison, NJ medical malpractice lawyer from our law firm has the skills and experience to help you seek the compensation you need after falling victim to medical malpractice in New Jersey.
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FAQs
Can I Sue for Medical Malpractice in New Jersey?
Plaintiffs who bring medical malpractice actions must generally prove:
- The health care provider owed the Plaintiff a legal duty of care.
- The provider was negligent in failing to meet the duty of care.
- Medical negligence was a substantial cause of injury.
- Plaintiffs suffered damages as a result.
A patient only has a viable medical malpractice claim if they suffered injuries. They must also be able to prove that a provider was negligent and that negligence was a substantial cause of their injuries.
Because not every injury that occurs in a medical setting constitutes malpractice, it can be difficult to know when you might have a case. Consulting with malpractice lawyers in New Jersey is the most effective way to determine if you have a medical malpractice case in NJ. Levinson Axelrod, P.A. represents victims cases involving injury and wrongful death arising from medical malpractice. Contact us for a FREE case review.
The Statute of Limitations in New Jersey Medical Malpractice Cases
If you or a loved one were have a potential medical malpractice case, it is important to seek a legal evaluation sooner rather than later. Not only can this help ensure that investigations can begin immediately, it can also help you avoid any issues involving the statute of limitations.
In New Jersey, the statute of limitations is essentially a time deadline by which victims must bring their claims.
- Victims have 2 years from the date they became reasonably aware that negligence caused their injuries to bring a medical malpractice lawsuit.
- In cases involving minor victims, a medical malpractice lawsuit must be brought within 2 years of the child’s 18th birthday.
- In cases involving birth injuries, victims must file claims by the child’s 13th birthday.
Determining when cause of action accrues in a medical malpractice case isn’t easy. To ensure you have an understanding of the time limitations in place, speak with an attorney from our offices.
Why Do I Need a New Jersey Medical Malpractice Attorney?
A New Jersey malpractice attorney can help you by guiding you through the litigation process, representing you in court, and gathering the necessary documentation required to prove that your injuries or loss resulted from medical malpractice.
The following are more benefits to hiring a New Jersey medical malpractice attorney:
- Your lawyer can handle all the paperwork related to your case
- Your attorney can negotiate with the insurance companies on your behalf
- Your lawyer can determine the value of your claim
- Your attorney can help you obtain the best possible settlement
- Your lawyer can ensure you do not make any mistakes during the legal process
Why Choose Levinson Axelrod, P.A.
Levinson Axelrod has recovered more than $1 billion for victims harmed by negligence, and more than $350 million in the past 5 years alone.. Some of our recent results include:
- $7 million settlement for a client who was seriously injured in a trucking collision.
- $6 million recovery for a client who suffered multiple injuries in a drunk driving accident.
- $2 million settlement over a fatal surgical error for the family of a 71-year-old woman who died from complications arising from an aortic tear during kidney surgery at CentraState Medical Center in Freehold.
- $1.9 million settlement (premises liability) against a local supermarket over failures to perform CPR on a man who suffered a heart attack.
- $600,000 jury verdict for a client who suffered an injury to his spinal accessory nerve (SAN) during a surgical procedure to remove a fatty lipoma on his neck.
*Results may vary depending on your particular facts and legal circumstances.
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