Here's an Overview:
What is Medical Malpractice?
When you seek medical care, you trust that your health and well-being are in capable hands. Medical malpractice occurs when a healthcare professional, through a negligent act or omission, causes injury to a patient. This negligence might be the result of errors in diagnosis, treatment, aftercare, or health management. To be considered malpractice under the law, the claim must have the following characteristics:
- A Violation of the Standard of Care: Healthcare professionals must adhere to certain standards. As a patient, you have the right to expect that healthcare professionals will deliver care consistent with these standards. If it is determined that the standard of care has not been met, then negligence may be established.
- An Injury Was Caused by Negligence: For a malpractice claim to be valid, it is not sufficient that a healthcare professional violated the standard of care. You must also prove that you sustained an injury that would not have occurred in the absence of negligence.
- The Injury Resulted in Damages: Medical malpractice lawsuits must show that the injury resulted from negligence caused damages. These damages may include physical pain, mental anguish, additional medical bills, and lost work and future earning capacity.
If you or a loved one has experienced what you believe to be medical malpractice, a lawyer can help you to investigate and possibly pursue a claim. Medical malpractice cases can be complex and require a thorough understanding of both legal and medical issues. Folkman Law’s Cherry Hill attorneys can help you navigate these challenges and can advocate effectively on your behalf.
Negligent Actions vs Negligent Omissions
It is important to differentiate between negligent actions and omissions when exploring medical malpractice. Understanding these concepts will help you determine how Folkman Law’s Cherry Hill attorneys can assist you with your lawsuit.
Negligent actions in medical malpractice cases occur when a healthcare professional does something that deviates from the accepted standards of care in the medical community. These are active errors that cause harm, such as:
- Administering the incorrect medication or dosage
- Performing surgery on the wrong body part
- Using unsterile instruments leading to infections
On the other hand, negligent omissions are failures to act when action is required. This lack of action can be just as harmful as wrongful actions. Examples include:
- Failing to diagnose or misdiagnosing a medical condition
- Not ordering necessary tests or ignoring test results
- Delaying treatment for a time-sensitive illness
How Folkman Law Can Help with Medical Malpractice Victims in Cherry Hill
If you’ve suffered due to medical malpractice, the team at Folkman Law in Cherry Hill can guide you through the intricate legal processes. Here’s a look at the comprehensive support they offer:
✅ Case Evaluation: The attorneys at Folkman Law will thoroughly review your medical records, consult with medical specialists, and assess the damages to evaluate the strength of your claim.
✅ Expert Testimony: Folkman Law can retain medical experts to testify to the standard of care and how it was violated.
✅ Understanding Medical Laws: These attorneys are deeply familiar with the medical malpractice laws in New Jersey, ensuring your claim adheres to the necessary timelines and legal requirements.
✅ Compensation: The team will examine how your life has been impacted by malpractice—considering future medical costs, lost income, and the pain and suffering endured—to endeavor that you receive the compensation you deserve.
✅ Litigation Experience: Should your case proceed to trial, Folkman Law provides seasoned trial attorneys who present compelling cases to juries.
✅ Skilled Negotiation: Many cases find resolution outside the courtroom. Folkman Law’s lawyers can negotiate with the opposing side to achieve a settlement that accurately reflects the severity of your injuries and losses.
✅ Personalized Attention: Recognizing that every malpractice case is unique, Folkman Law offers personalized care, tailoring its approach to meet the specific needs of your situation.
✅ Emotional Support: Beyond legal assistance, the team at Folkman Law is there to support you through the emotional and psychological hardships that often accompany malpractice cases.
Choosing Folkman Law means putting your trust in a team dedicated to your recovery while they handle the complexities of your legal battle.
What to Do After a Medical Malpractice Injury in New Jersey
If you have been a victim of medical malpractice in New Jersey, it is a must to take the following steps to ensure your rights are protected and to lay the groundwork for a potential legal claim:
- Seek Immediate Medical Attention
- Ensure your health is the top priority by getting treatment from another healthcare provider.
- Document all medical care received post-injury, as it can be critical evidence in your case.
- Collect and Preserve Evidence
- Keep a detailed record of all events leading up to and following the injury.
- Gather all medical records, receipts, and any communication pertaining to your treatment.
- Limit Communication with the Other Party
- Do not discuss your case with the parties involved or their insurance company.
- Avoid posting any details about your situation on social media.
- Contact a Knowledgeable Attorney
- Reach out to an attorney who handle medical malpractice cases.
- Folkman Law’s Cherry Hill attorneys have the experience to advise you on the legal process.
- Understand the Statute of Limitations
- Be aware that New Jersey law requires that a lawsuit be filed within a defined period after the.
- Missing this deadline can bar you from pursuing legal action.
By following these steps, you ensure that your legal rights remain intact and that you can make informed decisions about your next course of action. Remember, working with experienced Cherry Hill attorneys at Folkman Law can provide you with the necessary legal guidance and support to navigate the complexities of a medical malpractice lawsuit.
Affidavit of Merit in a Medical Malpractice Claim
In New Jersey, before proceeding with a medical malpractice lawsuit, you must submit an essential document called the “Affidavit of Merit.” This affidavit is a sworn statement from a medical expert who certifies that your claim is meritorious- that there is a good faith basis to pursue the claim- that there is a reasonable probability that the conduct of the medical care provider fell below the applicable standard of care.. The expert must be a qualified professional within the same specialty as the healthcare provider you’re suing, ensuring they understand the standard of care relevant to your case.
Folkman Law’st attorneys from Cherry Hill are at your disposal to help you navigate this critical step. Here’s how they will assist you:
- Identifying Qualified Experts: Folkman Law will source credible medical experts with the appropriate credentials to evaluate your case, ensuring they meet the strict criteria set by New Jersey law.
- Ensuring Timely Filing: The law requires that the affidavit be submitted within a specific timeframe after the initial complaint. Your lawyers will manage deadlines meticulously to maintain the validity of your lawsuit.
- Drafting the Affidavit : Your attorneys will collaborate with the medical expert to prepare a comprehensive and precise affidavit of merit, which details how the healthcare provider deviated from accepted medical practices.
Failure to provide a properly executed Affidavit of Merit can result in the dismissal of your lawsuit. With Folkman Law by your side, you will have experienced professionals ensuring that every legal requirement is met with precision and care, bolstering your chance of a favorable outcome.
What Compensation Can I Get For a Medical Malpractice Claim?
If you have been a victim of medical malpractice, it is important to know that you may be entitled to different types of compensation. It is your right to be aware of all the available options for recovering damages. Here are some potential compensatory damages that you can seek:
- Economic Damages: These include the tangible, out-of-pocket expenses associated with the malpractice, such as:
- Medical bills (past and future)
- Rehabilitation costs
- Lost wages and loss of earning capacity
- Any other financial losses directly related to the injury
- Non-Economic Damages: These are the more subjective costs of an injury, which are not as easily quantifiable, such as:
- Pain and suffering
- Emotional distress
- Loss of enjoyment of life
- Disfigurement
- Loss of consortium or companionship
- Punitive Damages: In rare cases where the medical professional’s conduct was particularly appalling, you may also be entitled to punitive damages. These damages are meant to punish the wrongful party and deter similar misconduct in the future.
An attorney from Folkman Law’s Cherry Hill office will be able to guide you through the complexities of your claim and help estimate the compensation you may be entitled to. Remember, each case is unique, and the damages you can recover will heavily depend on the specifics of your situation.
Contact Our Medical Malpractice Lawyers in Cherry Hill Now!
If you believe that you or a loved one has been a victim of medical malpractice, it’s important to seek legal representation as soon as possible. At Folkman Law, our Cherry Hill medical malpractice lawyers have a proven track record of fighting for the rights of patients who have suffered due to medical negligence. When you choose our team, you’re not just getting a lawyer; you’re gaining a dedicated advocate who will work to help you secure the compensation you deserve.
To arrange your consultation, contact us today at 856-354-9444 or fill out our online contact form, and someone from our office will get back to you promptly. Don’t wait—New Jersey law limits the time for filing medical malpractice claims, so taking action quickly is essential. Let us help you take the first step towards justice and recovery.
FAQ's
1. What qualifies as medical malpractice under New Jersey law?
Medical malpractice in New Jersey occurs when a healthcare professional fails to adhere to the accepted standards of care, causing harm to a patient. For a situation to be considered malpractice, it must involve a violation of the standard of care, an injury caused by this negligence, and significant damages resulting from the injury, such as physical pain, mental anguish, additional medical bills, and lost work or earning capacity.
2. How can Folkman Law's Cherry Hill attorneys assist me in a medical malpractice lawsuit?
Folkman Law’s attorneys can provide comprehensive support, including case evaluation, securing expert testimony, understanding medical laws, maximizing compensation, offering skilled negotiation, and if necessary, representing you in court. They are experienced in handling the complexities of medical malpractice cases and can help you navigate every step of the legal process, from filing the initial claim to negotiating settlements or pursuing a trial.
3. What are the time limits for filing a medical malpractice claim in New Jersey?
In New Jersey, you generally have two years from the date of the injury to file a medical malpractice lawsuit. This time frame is known as the statute of limitations. If you fail to file within this period, you may be barred from pursuing legal action. Contacting an attorney promptly ensures all necessary steps are taken within the legal deadlines.
