New Jersey Medical Malpractice Attorneys

Medical malpractice remains one of the leading causes of preventable injury and death across New Jersey and the United States. According to one study in The BMJ, “An expert panel from the Institute of Medicine, part of the National Academy of Sciences, found that medical errors kill from 44000 to 98000 Americans each year.” These high rates of medical errors have resulted in numerous deaths, permanent disability, and untold amounts of needless suffering. It is ultimately patients and their families that have to live with the outcomes of medical malpractice. These may include being burdened with the costs of extensive medical care to correct errors and lost income from missed work.

Healthcare providers need to be held accountable for their malpractice, both as a means of helping their injured patients and to prevent similar misconduct. Victims of medical malpractice should act quickly, since there are statutes of limitations that can prevent them from filing a claim if they wait too long. If you or someone that you love has been injured by medical malpractice in New Jersey, the New Jersey medical malpractice attorneys at Gersowitz Libo & Korek, P.C. are here for you. We can investigate the unique facts of your case and let you know if you have a claim that can be pursued. You can reach out to our office anytime for a risk-free case evaluation at (800) 529-9997.

Common Errors That Can Lead To A Medical Malpractice Claim

Medical malpractice claims can take a variety of different shapes and forms. They can happen in every field of medicine. One of the most common and consequential forms of malpractice occurs when a doctor fails to diagnose an illness in a timely manner. By the time a patient receives a correct diagnosis, their illness may become substantially worse. There are a number of other types of malpractice claims.

• Surgical Errors: Patients can be injured in many different ways during a surgery. A foreign object may be left in the patient’s body. A physician may have also performed the wrong procedure on a patient or performed the correct procedure in an incorrect location.
• Medication Errors: Giving patients the incorrect medication or an incorrect dosage can be very dangerous. In particular, nurses may give patients a medication that they are allergic to and cause a severe adverse reaction.
• Misdiagnosis: A misdiagnosis occurs when a physician fails to properly assess the real reasons behind a patient injury or illness. Similar to delayed diagnosis, misdiagnosis can prolong the time it takes the patient to receive adequate care.
• Birth Injuries: Birth injuries occur when there is trauma to an infant’s body. Scalp injuries tend to be the most common birth injuries and may result in long-term physical and cognitive impairment. This could stem from many different factors, including excessive force when using forceps.
• Anesthesia Errors: Any type of anesthesia can result in serious complications, such as brain damage and even death. Patients may be given the improper dosage of anesthesia, or a physician may have inserted a tube into a patient’s throat incorrectly.
• Nursing Negligence: Nurses play many critical roles related to the care of patients. One of the most critical roles that they play is monitoring patients and their vital signs. When a nurse fails to properly monitor a patient, this could lead to numerous adverse outcomes and may constitute malpractice.
• Failure to Warn of Known Risks: Physicians have a legal obligation to warn patients about the known risks of certain procedures. For example, a certain procedure may carry the risk of permanent nerve damage. Failing to warn about the known risks of a procedure may constitute a malpractice claim.

Malpractice claims are not evenly distributed across different fields of medicine. Surgeons and obstetricians/gynecologists (OB/GYNs) had some of the highest rates of medical malpractice claims. According to the New England Journal of Medicine, “Approximately 1% of all physicians accounted for 32% of paid claims. (…) Over a recent 10-year period, a small number of physicians with distinctive characteristics accounted for a disproportionately large number of paid malpractice claims.”

Common Causes of Medical Malpractice

Medical malpractice is rarely the result of the wrongful actions of a single person. It is more common that it is the result of systemic failures within a hospital setting. What follows are a few of the ways that this could manifest.

• Inadequate Training: Hospitals can be very stressful environments to work in. This is particularly true in the emergency room. Many hospitals experience a high turnover rate, which can lead to workers not receiving the proper training for the procedures that they’re performing.
• Understaffed Facilities: A secondary effect of the high turnover rate at hospitals is that it can lead to understaffed facilities and overworked staff. Fatigue can dramatically impact a person’s ability to perform their job correctly.
• Inadequate Communication: Communication is absolutely critical in a healthcare setting. Nurses need to communicate with physicians about a patient’s condition and what medications they may have been given. A lack of communication can lead to patients not receiving proper care.
• Faulty Equipment: Medical equipment at hospitals needs to function properly at all times. This requires that they undergo periodic maintenance and safety checks. When these safety procedures are not taken, it is more likely that life-saving pieces of machinery could malfunction and injure patients.
• Negligent Behavior: Physicians and nurses need to be attentive to the needs of their patients. They must also take into consideration a patient’s medical history. But in far too many situations, patients own requests for care are ignored, or their medical histories don’t inform the care that they receive.

One of the most effective tools for preventing malpractice in a hospital setting is developing and enforcing clear and concise checklists for procedures. For example, one study in Clinical Medicine found that a checklist was able to substantially reduce central line infections in intensive care units.

Signs That You May Have A Medical Malpractice Case

The vast majority of the public that receives healthcare does not have any medical training. People trust doctors and hospitals to make the right decisions, but in far too many situations this trust is simply misplaced. Here are some of the key signs that patients should look for that could potentially indicate that medical malpractice has occurred.

• Worsening Conditions: If your symptoms are persistent, or even worsen after treatment, this is a common sign that you did not receive adequate care.
• Different Second Opinion: If you receive a very different second opinion for your health condition, this may indicate that your previous doctor misdiagnosed your health problem.
• Unexplained Complications: If you experience sudden and unexplained complications, this may indicate that something went wrong with your surgery or procedure.
• Different Outcome: If the medical outcome for some procedure differs dramatically from what was expected, this could indicate that malpractice has taken place.
• Infections: If you develop an infection after receiving medical care, this may indicate a lack of sufficient infection control measures.

Any person who suspects that they may be the victim of medical malpractice should consult an experienced New Jersey medical malpractice attorney as early as possible. An attorney can take steps to preserve evidence. Should you choose to pursue a civil claim down the road, they will play a critical role in demonstrating negligence and collecting damages on your behalf.

Steps to Take After Being Injured by Medical Malpractice

It can be hard to know where to begin if you’ve been injured in a medical setting. Medical malpractice can lead to very serious injuries and burden victims financially. If you suspect that you’ve been injured by medical malpractice, there are a number of steps that you should take in order to preserve your health and legal rights.

• Seek Medical Attention: Victims of medical malpractice should seek medical attention from another healthcare provider in order to address whatever harm may have taken place.
• Request Medical Records: Obtain all of the medical records, prescriptions, and test results related to the care that you received at the facility where the malpractice may have taken place.
• Document Everything: Keep detailed records of all of your symptoms, conversations with healthcare providers, and adverse outcomes that you’ve gone through.
• Get a Second Opinion: It is always worth getting a second opinion from another doctor about the nature of your injuries and illness and the quality of care that you received previously.
• Contact an Attorney: Getting in touch with an experienced attorney is very important. They can let you know if you have a legal claim that could be pursued.

There are absolutely no upfront costs associated with hiring a New Jersey medical malpractice lawyer. They work entirely off of a contingency fee basis. They only get paid from the opposing insurance provider if they are able to successfully resolve your claim.

How a New Jersey Medical Malpractice Lawyer Can Help You

Medical malpractice claims are some of the most difficult and complex civil claims that get pursued. Hiring an experienced attorney is absolutely essential in order to achieve a good outcome in these cases. There are a number of ways that an attorney can help you if you’ve been the victim of medical malpractice.

• Investigation: An attorney can investigate all of the unique facts of your case to determine if medical malpractice actually occurred. They can also identify all of the potentially liable parties, including physicians, nurses, pharmacists, and medical device manufacturers.
• Negotiation: Attorneys will negotiate with insurance providers in order to achieve a fair settlement.
• Court Proceedings: Attorneys will take care of all court proceedings on your behalf. This will include gathering expert testimonies, depositions, and subpoenaing records if need be.
• Litigation: The vast majority of cases settle out of court. But if insurance providers are not willing to offer a fair settlement, your attorney can take your case to trial.

New Jersey medical malpractice lawyers play a crucial role in maximizing the value of malpractice cases. They do this by getting to know you as a person and becoming intimately familiar with all of the ways that you’ve been impacted.

Compensation Available for Medical Malpractice Cases

Being injured by medical malpractice can be extremely disruptive to a person’s life. Accident victims are able to recover compensation for numerous types of damages in order to account for the harm that they’ve gone through.

• Economic Damages: These damages cover all of the tangible financial losses that a person experiences as a result of their injuries. Medical expenses, loss, wages, and a loss of earning potential are all taken into consideration.
• Non-economic Damages: These damages cover the intangible harms that often occur as a result of a person’s injuries. For example, most victims of medical malpractice will experience at least some pain and suffering.
• Punitive Damages: When a physician’s or hospital’s misconduct was particularly egregious, plaintiffs may be awarded punitive damages. These are damages designed to punish and prevent further misconduct. An example of this may include a hospital amputating the wrong leg on a patient.

In many situations, hospitals may try to settle claims early with low offers. It is virtually never a good idea to accept any of these offers without first consulting an experienced attorney. Among other things, a victim’s condition may grow worse with time and require additional treatment.

Why Choose Us for Your Medical Malpractice Case

When you were dealing with the aftermath of being injured by medical malpractice, you should seek attorneys that have a proven track record of success. Gersowitz Libo & Korek, P.C. is one of the oldest and most respected medical malpractice and personal injury firms in New Jersey. We have successfully recovered numerous seven-figure settlements for victims of medical malpractice.

• We recovered a $6.3 million settlement for a birth injury that was the result of a hospital’s failure to perform a timely C-section.
• We recovered a $3 million settlement for a child who sustained brain damage due to oxygen deprivation during childbirth.
• We recovered a $2.5 million settlement for the family of a woman who died after becoming hypoxic during childbirth.
• We recovered a $2.25 million settlement for a patient who was misdiagnosed with a subarachnoid hemorrhage after a car accident.

In fact, our law firm has been able to recover over $1 billion for our deserving clients. We are committed to a personalized and compassionate approach that puts the needs of clients first. You can rest assured that we will do everything in our power to help get you the very best outcome possible.

Free Consultation and Case Evaluation

You are not alone if you’ve been the victim of medical malpractice in New Jersey. We are here to help you. Our team of experienced New Jersey medical malpractice attorneys can investigate your case free of cost and give you an informed opinion about your legal options. There is absolutely no cost to have us review your case. If you do choose to hire our firm, there are also no out-of-pocket costs either. Our compensation comes entirely from the opposing party if we are able to win on your behalf.

Have you or someone you care about been harmed by medical malpractice in New Jersey? You may be entitled to numerous forms of compensation for your injuries. The medical malpractice lawyers in New Jersey at Gersowitz Libo & Korek, P.C. will help you get the medical and financial support that you need in order to recover. 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 our office anytime at (800) 529-9997.