Professional Malpractice Lawyers NJ
If you’re getting medical services, and an injury or complication occurs, you may end up with serious medical bills. Can you sue the hospital, or the doctor, that you believe is at fault for your injury or complications? In some cases, yes, but you’ll need a good professional malpractice lawyer in City, NJ.
What are the New Jersey professional malpractice laws?
The medical malpractice laws are different in each state, but generally, the laws parallel one another, and that is the case with New Jersey as well. As per the state’s definition, medical malpractice occurs when a healthcare institution or professional violates or breaches the standard of care, and in turn, causes harm to the patient. This breach is also known as medical negligence.
The standard of care is the procedures and practices that medical providers in the geographical area should use when they’re treating any patient with a specific disorder. The standard does vary on a number of factors, including but not limited to the patient’s age and overall health. Therefore, the standard of care may be different for two patients with a sore throat, one aged 13, and the other one 45.
In New Jersey, to prove medical malpractice, it is not enough to simply prove that you sustained injury during the treatment. Instead, you and your attorney should prove that the injury was directly caused by the breach of the medical provider. This requires expert witnesses with extensive medical training and experience, as well as the best possible professional malpractice attorney in City, NJ you can get.
What is the statute of limitations and damage caps?
There are limits on how long you can wait to file suit in a medical malpractice case, and these limits are often strict. In New Jersey, the statute of limitations dictates that you have up to two years to file a lawsuit against the healthcare professional or provider for professional malpractice. The countdown begins when the doctor breaches the standard, and the statute of limitations is very strict in most cases.
However, there are situations where the patient doesn’t realize they’ve been injured until well after the accident occurs. In these cases, the statute of limitations does not begin counting down until a point where the patient is reasonably aware that there is an injury.
Another important aspect of professional malpractice in New Jersey are the damages caps. There are several types of damages. The main type is compensatory damages, and they include compensation for all medical bills that result from the injury. You’ll need to provide the medical bills as evidence. There are also non-economic damages, that compensate for pain and suffering, and they don’t have any caps. Last but not least, there are punitive damages, when the healthcare professional’s actions are extraordinarily reckless. In this case, the cap is at five times the compensatory damages, or $350,000, whichever is greater in the specific case.
Given all the things that must be done carefully with professional malpractice, you’ll want to get the best professional malpractice attorney in City, NJ possible, to ensure you are rightfully compensated. Contact Gencarelli & Rimassa Law Firm, LLC today on 201-549-8737, and get your case settled by New Jersey’s best professional malpractice lawyers.
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