What is medical malpractice?
Medical malpractice is a legal term for medical errors or medical negligence in which a doctor violates the accepted standard of care for a patient, resulting in injury to the patient.
I suffered a complication from a medical procedure, is it malpractice?
Many medical procedures carry risk. You should have been informed of the risk prior to agreeing to the procedure. Simply suffering injury is not enough to justify a medical malpractice claim in New Jersey. Instead, you must prove that the doctor violated the accepted standard of care, resulting in injury.
No one at the hospital will talk about my treatment. How can I prove my doctor’s error?
In medical injuries, a medical malpractice lawsuit is often the only way to get information about what happened to you. A medical malpractice lawsuit can compel doctors, nurses, and hospital personnel to answer questions and turn over documents you might otherwise not be able to see. In addition, the experienced Jersey City medical malpractice lawyers at the Law Offices of Anthony Carbone, P.C. are familiar with many common errors and have access to medical experts who can help prove that an error occurred.
What types of medical malpractice are there?
Virtually any area of medicine is prone to errors and malpractice. Some of the more common, serious claims we see are:
- Birth injury
- Nursing home neglect
- Surgical error
- Emergency room error
- Failure to diagnose cancer, heart attack, or stroke
- Medication errors
In many of these cases, the medical error is caused by doctors who do not take enough time with a patient or devote full attention to a patient during a visit. When a doctor ignores your symptoms, doesn’t thoroughly look over your medical records, or delegates important treatment to unqualified assistants, he is likely violating the standard of care.
How long do I have to file a medical malpractice claim?
New Jersey law gives you two years to file a medical malpractice claim. In this type of case, the clock begins not necessarily when the error occurs, but when you became aware of the error, or when a reasonably aware individual should have known about the error. For claims related to a death, the wrongful death lawsuit can only be brought two years after the date of death.
Can it be medical malpractice if an emergency room refused to admit my loved one, who then died?
Yes. The standard of care in an emergency room dictates that patients should be seen as quickly as their condition warrants. If your loved one was denied service, especially if it seems like that denial was related to an inability to pay, you may be able to file a medical malpractice lawsuit.
If you have more questions about a potential medical malpractice lawsuit in New Jersey, please contact the Law Offices of Anthony Carbone, P.C. for a free initial consultation with our personal injury lawyer in Newark.