How to File a Medical Malpractice Lawsuit in New Jersey

Victims of Medical Malpractice in New Jersey May Be Able to Seek Damages Through a Personal Injury Claim

Medical malpractice occurs when a doctor or hospital fails to meet a certain standard of care, resulting in injury to the patient. There are many different ways that a hospital may have committed malpractice, including misdiagnosis, surgical errors, and failure to treat. Malpractice remains quite common. According to StatPearls, “Even with substantial tort reform surrounding the topic of medical practice, the AMA states that 1 in 3 clinicians are sued at least once throughout their career, with some surgical specialties having an even greater chance of being sued.” New Jersey has many specific rules and deadlines related to pursuing medical malpractice claims. It is therefore important to act quickly. What follows are a few steps that should be taken to pursue a medical malpractice claim in New Jersey.

Step 1: Determine If You May Have A Case

The first step to take to pursue any type of medical malpractice lawsuit is to determine whether or not you have a claim. Not every instance of harm in a medical setting will give rise to a medical malpractice claim. What is important is being able to demonstrate that negligence on the part of a healthcare provider is what caused your injury. As part of this process, it is best to begin by speaking with an experienced New Jersey medical malpractice attorney. They can examine all of the unique facts of your case free of cost and let you know if you have a claim that can be pursued.

Step 2: Statute of Limitations

If you suspect that you have a medical malpractice claim, it is best to work as quickly as possible. There are statutes of limitations associated with being able to pursue civil claims. In the state of New Jersey, the filing deadline is typically two years from the date that an injury occurred or should’ve reasonably been discovered. There are certain exceptions to this timeline for minors. They will typically be able to pursue a claim two years past the date of their 18th birthday. Failing to file a claim within the statute of limitations may prevent you from being able to pursue damages in that case at any point in the future.

Step 3: Obtain Medical Records

Gathering all of your medical records is an important part of preparing for any potential medical malpractice claim. These records can reveal negligence on the part of individual doctors or hospitals. They also allow attorneys to make a more informed decision on whether or not malpractice took place.

Step 4: Filing the Complaint in Court

After an attorney has accepted your case and decided to pursue a lawsuit, there are a couple of steps that they will need to take. This includes drafting and submitting your complaint to the court. This complaint will include all of the names of the defendants that caused you harm, such as the doctor or hospitals involved. The court process officially begins once that complaint has been officially filed and served to the defendant.

Step 5: Discovery Phase

Every lawsuit has a phase known as discovery. This is a pre-trial process where all of the parties exchange information and evidence that is relevant to the case. This allows both sides to understand what arguments are being made. The discovery phase is essential for building a strong case.

Step 6: Settlement or Trial

The vast majority of medical malpractice lawsuits in the state of New Jersey settle before going to court. But it is also possible that a trial may take place. There are pros and cons to settling a claim or going to trial.

• Settlements: Cases tend to resolve much faster when a settlement is reached. It also costs a lot less to settle a case because it avoids costly litigation expenses. On the other hand, settlements can provide guaranteed outcomes. Once the terms of a settlement have been reached and agreed upon by all parties, a case is effectively over.
• Trials: Trials can result in higher amounts of compensation. They also provide public accountability for the negligent actions of the defendant. On the other hand, it can take much longer for a case to resolve if it goes to trial. Trials can also be risky. You can never predict with 100% certainty what a jury may end up deciding.

Cases are much more likely to settle if negligence on the part of a doctor or hospital is clear. However, not all insurance providers are always willing to offer a fair settlement. Sometimes cases must go to trial so that victims can achieve a fair outcome.

Getting Legal Help for a New Jersey Medical Malpractice Claim

Pursuing a medical malpractice lawsuit in the state of New Jersey is a complex process that is governed by many strict rules. It is incredibly important to have skilled legal representation if you’ve been the victim of medical malpractice. An attorney can take steps to ensure that your legal rights are taken into consideration at every step of the process.

Have you or someone that you love been the victim of medical malpractice in the state of New Jersey? You may be entitled to financial compensation. Our team of highly experienced New Jersey medical malpractice attorneys at GLK Law are here for you. We care deeply that injury victims are aware of their rights and that those rights are being protected. In fact, we have recovered over $1 billion for our deserving clients. Whether you just have legal questions or are thinking about hiring an attorney, we are here to serve your needs. You can reach out to us anytime at (516) 908-9792.