Have you been harmed by a doctor or other medical professional in New Jersey? We have been representing victims of medical malpractice in New Jersey since 1995. We work tirelessly for our clients to ensure you receive expert medical care, financial compensation, and justice, regardless of an adjuster or a medical malpractice insurance carrier’s claim denials.
Navigating New Jersey medical malpractice requires strict adherence to unique statutory hurdles, specifically the 60-day Affidavit of Merit window and identical-specialty expert requirements. Insurance companies have been able to take advantage of these laws to deny victims of medical malpractice the financial compensation they deserve. Medical malpractice attorney NJ Kotlar Cohen has the experience and compassion you need to get justice for your injuries. Contact us today for a free medical malpractice case evaluation.
Key New Jersey Medical Malpractice Statutes:
- Affidavit of Merit: A qualified medical expert must submit an Affidavit of Merit verifying the legitimacy of the claim (N.J.S.A. 2A:53A-27).
- Statute of Limitations: Subject to exceptions, under N.J.S.A. 2A:14-2, a medical malpractice claim must be filed within two years after the injury has accrued. New Jersey courts have interpreted this statute to extend the filing deadline to two years after discovery of the basis for the claim.
- Patients First Act (N.J.S.A. 2A:53A-37): In New Jersey, any expert witness put forth by the plaintiff must be a licensed physician or healthcare professional and must practice in the same specialty as the defendant healthcare professional at the time of the injury.
If you are a victim of medical malpractice in NJ seeking legal representation, contact Kotlar Cohen to schedule a free consultation or call us 24/7 at (856) 751-7676. Once you are aware that you have been affected by medical malpractice, the clock starts ticking. You must act urgently to preserve all your legal rights. Contacting Kotlar Cohen as early as possible in the process ensures that you will be in a position to get the best possible outcome.
What Constitutes Medical Malpractice In New Jersey?
Medical malpractice essentially involves negligence by a healthcare professional, such as a doctor, nurse, hospital, practice group, or other professional. If a healthcare professional has failed to follow the accepted medical standard of care and that failure caused harm, then that professional is liable for that harm. In New Jersey, qualified medical experts are necessary to explain what competent care was required under the circumstances and whether the provider failed to meet that standard of care. These qualified medical experts are known as expert witnesses and are vital to any successful lawsuit.
It is important to note that simply because you or your loved one suffered a negative medical outcome does not mean that your healthcare provider was guilty of medical malpractice. You must not only prove that you were harmed or that a provider made a mistake in your care; you must prove that the provider’s care was below the relevant standard of care.
A plaintiff in a medical malpractice case is also required to prove causation. Even if the care was substandard, you still must show that the deviation probably caused the injury, made things worse, denied a better outcome, or forced additional treatment. New Jersey’s medical malpractice case law imposes a high burden on plaintiffs before they can recover. It is crucial to obtain competent legal representation as soon as possible to achieve the best possible outcome.
Common Types of Medical Malpractice
There are a myriad of factual circumstances that can give rise to a medical malpractice claim. Regardless of the type of doctor or specialty involved, if a healthcare provider fails to meet the applicable standard of care and harm results, he or she can be found liable to the injured patient. However, there are certain circumstances or specialties that are more likely than others to result in medical malpractice.
Misdiagnosis or Delayed Diagnosis – This occurs when a doctor makes a mistake in diagnosing a disease or medical condition or fails to diagnose in a timely manner. In either case, this can lead to a negative medical outcome due to the fact that treatment is delayed or even withheld due to the misdiagnosis or delayed diagnosis. For example, if a doctor is presented with symptoms of a stroke and fails to diagnose that condition immediately, severe harm can result due to the patient failing to receive timely medical treatment.
Surgical Errors – Unfortunately, undergoing a surgical procedure can often result in the basis for a medical malpractice claim. Often, the errors made in the surgical setting are easily preventable. For example, operating on the wrong part of the body (for example, the left knee instead of the right knee) or leaving surgical instruments behind occurs much more frequently than one would expect. Also, the lack of a proper sterile operating environment can lead to post-operative infections. These infections can lead to severe illness or even death.
Medication Errors – These can occur in any specialty or at any point in the treatment of the patient. The obvious example is simply prescribing the wrong medication or dosage. However, other mistakes include failing to check for allergies or drug interactions, or administering medication to the wrong patient. These errors can lead to serious health consequences.
Anesthesia Errors – Anesthesia errors are one of the most common types of claims and can result in serious consequences. Administering too much anesthesia or incorrectly administering anesthesia can result in severe brain injury, coma, or even death. Other issues involve failing to monitor the patient’s vital signs during surgery or using defective equipment.
Birth Injuries – Sadly, committing medical malpractice during labor and delivery during childbirth is all too common and can result in severe consequences for newborn children. Common issues include improper use of delivery instruments, delays, or failing to perform necessary cesarean sections, and failure to administer aid to an infant in distress.
New Jersey's Affidavit of Merit Requirement and the Patients First Act
Unlike many states, New Jersey has strict rules that must be followed before a plaintiff can succeed with a medical malpractice claim. These are designed to prevent claims that are not meritorious. Unfortunately, they also serve to deny justice to patients who have been harmed by healthcare professionals.
Under N.J.S.A. 2A:53A-27, a plaintiff in a medical malpractice lawsuit in New Jersey is required to provide an affidavit to the court from an appropriately licensed expert affirming that there is a reasonable probability that the defendant’s conduct fell below the accepted standard of care. This affidavit is due within 60 days of the defendant filing a response to the plaintiff’s lawsuit, although it can be extended under certain circumstances. Failing to file the affidavit in a timely manner will cause the plaintiff’s lawsuit to be dismissed with prejudice, which means that the plaintiff will not be able to re-file a new lawsuit at a later date.
This requirement was strengthened even further in 2004, with the passage of the New Jersey Medical Care Access and Responsibility and Patients First Act (N.J.S.A. 2A:53A-37), which imposed additional requirements for the Affidavit of Merit, requiring that experts practice in the “same specialty” within medical fields. Therefore, whenever a defendant is a specialist in a field and the allegation of negligence involves that specialty, the expert must also be a specialist in the same field.
Statute of Limitations in New Jersey
New Jersey gives a plaintiff two years from the date of a medical malpractice injury to file a lawsuit under N.J.S.A. 2A:14-2. That deadline may be extended to run from the date of discovery of the basis for the lawsuit in cases where the injury wasn’t immediately obvious. The statute covers any personal injury caused by the wrongful act, neglect, or default of another person, which includes medical providers who fall below the accepted standard of care.
The traditional two-year rule involves cases where the injury is obvious. For example, if a patient wakes up from surgery and discovers that the surgeon has operated on the wrong body part, the two-year clock starts running on the date the surgery occurred.
If, however, the surgeon left a medical instrument in a patient’s body that wasn’t discovered until three months after the surgery, the date of discovery would be the starting point for the statute of limitations. However, the “discovery doctrine” requires reasonable diligence. That is, if a patient ignores a problem that would be obvious to most people, then courts can limit the discovery doctrine accordingly.
What Compensation Can You Recover?
In New Jersey, damages in medical malpractice cases are designed to make the injured patient “whole” – to compensate them for the damage done by the medical malpractice.
Specifically, damages can include economic damages, which compensate you for specific, measurable financial losses resulting from the malpractice. These are typically documented through bills, records, and expert calculations for both past and future medical care and include:
- Lost Wages and Income – If you were unable to work due to the medical malpractice, you can recover lost wages.
- Lost Earning Capacity – If the damages have permanently affected your ability to work, you may be entitled to compensation for reduced earning capacity.
Non-economic damages are intangible damages that are designed to compensate you for any other harm that you have suffered. These include:
- Pain and Suffering – the physical pain that you’ve experienced and what you’ll continue to experience.
- Emotional and Psychological Distress – These are the consequences of significant psychological harm, including anxiety, depression, and post-traumatic stress.
- Loss of Enjoyment of Life – Courts may award these damages when an injury prevents you from activities you once enjoyed.
- Disfigurement and Scarring – Visible physical changes resulting from malpractice, such as surgical scars, amputations, or other disfigurement, can often result in large awards.
As the foremost medical malpractice attorney in New Jersey, Kotlar Cohen has significant experience litigating these cases and gets you maximum damages to compensate you for your injuries.
Kotlar Cohen – Your Medical Malpractice Lawyer in New Jersey
At Kotlar Cohen, your well-being is our number one priority. We put people first by taking aggressive legal action to get you the medical treatments and financial compensation you deserve for your injury so you can recover in the best possible way.
We have a network of highly qualified medical experts who are uniquely positioned to identify how your healthcare professional breached their duty of care and fell below accepted medical standards. These professionals often have decades of experience and can effectively explain the defendants’ malpractice to juries and other laypeople.
As Board-Certified Trial Attorneys, we are among the most highly qualified in the courtroom and are fully prepared to convince the jury of your case.
FAQs
Q - What is the statute of limitations for medical malpractice in New Jersey?
Q - What is an Affidavit of Merit in NJ?
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Q - What damages can I recover?
Q - How long does a medical malpractice case take in New Jersey?
Call Kotlar Cohen Today For Justice
Kotlar Cohen personal injury attorney NJ is ready and able to help. We work tirelessly for our clients to ensure you receive medical care, financial compensation, and justice, regardless of an adjuster or insurance carrier’s claim denials.
You pay nothing to us up front. All fees are on a contingency basis, meaning we only get paid if you do. Most importantly, we don’t get paid a cent until you do, which drives us to exceed expectations and fight to win every case we bring on.