Statisticians estimate that approximately 100,000 people in the United States die annually from medical negligence or malpractice in American hospitals. Many more suffer from mild to severe injuries. The law allows anyone who has suffered from an instance of medical negligence to sue the medical personnel and/or the establishment. However, each state, including New Jersey, has its own legislation governing the process.
What Is Medical Negligence or Malpractice?
In New Jersey, medical negligence/malpractice is a failure of the medical professional to exercise the standards of care established by his profession and the law. While many physicians do follow “best practices,” there are instances of neglect. These can result in serious health issue or even death. In New Jersey, examples of common claims for medical negligence include
- Delayed, missed or mistaken diagnosis
- Emergency room errors
- Birth injury
- Surgical mistakes
- Medication errors
Filing A Claim
In New Jersey, the initial process of filing a claim is simple. What requires consideration is the emphasis under the law in the plaintiff providing proof. The burden of proof is higher in medical negligence claims than in other personal injury claims. This is the result of
- A pre-existing condition requiring the initial medical attention – the plaintiff must argue and prove the one has nothing to do with the other
- The absolute necessity to not only identify the specific instance of medical negligence and its damage but also to link it irrevocably to the liability of the defendant
The plaintiff must not only file the claim but, before the passage of 60 days, must also file an affidavit. This will provide sworn evidence he or she has consulted an expert on the personal injury caused by medical negligence. Under New Jersey law, the expert must
- Have a license in the same area of practice as the defendant
- Must be qualified to perform in the same type of treatments as the defendant
The plaintiff must file the claim within 2 years of the occurrence or from when the problem is diagnosed. The exceptions are if the plaintiff is a minor or if the suit involves a birth injury. A minor has until 2 years following his or her 18th birthday to apply. A plaintiff suffering from a birth injury has until the age of 13.
Consulting A Lawyer
The difficulties of burden of proof as well as the cap on punitive damages indicate the need to seriously consider hiring an expert in the field of medical negligence/malpractice to help win your case.
