This page provides potential plaintiffs with a high-level overview of the most important parts of New Jersey`s medical malpractice laws. These laws and rules are important because they can have a huge impact on the value of your case and whether you have a case. New Jersey, along with 32 other states, recognizes the doctrine of amended error of regulation. The doctrine allows a court to assign a percentage of the blame to each party to the lawsuit, and any damages will be reduced in proportion to the error attributed to you. Of the 33 states that follow a modified version of the rule error, New Jersey is one of 22 states (Connecticut, Delaware, Hawaii, Illinois, Indiana, Iowa, Massachusetts, Michigan, Minnesota, Montana, Nevada, New Hampshire, Ohio, Oklahoma, Oregon, Pennsylvania, South Carolina, Texas, Vermont, Wisconsin, and Wyoming) that follow a 51% rule that you can only receive damages for a violation. If a court finds that your blame for your own injury is 50% or less.  NJSA§2A:53A-41 sets out a number of very strict requirements for a potential medical expert who has the right to testify against a specialized accused. In principle, the law requires that the expert witness practice in the same specialty as the defendant and that he has the same licenses and references. New Jersey law knows no overlap in knowledge or expertise between different areas of activity.
If you believe your loved one has died as a result of medical malpractice, you should immediately contact an experienced medical malpractice lawyer to assess your case. You may be able to sue for illegal death. Keep in mind that preparing for a wrongful homicide prosecution requires a major investigation and there are deadlines to file your lawsuit. This means that you need to act as soon as possible. Legal liability in a case depends on the nature of the misconduct, where the malpractice occurred, and who was involved. Sometimes it is appropriate to name only the medical provider as the defendant. This would be the case, for example, if a systemic failure caused your injury and not the negligence of a person. Your lawyer can help you identify all the people responsible for your case. Your medical malpractice lawyer can talk to you to determine whether or not you have a claim. Typically, your lawyer will consult medical experts in the same field as the doctor you want to take legal action against.
Our legal team is experienced and connected to medical industry professionals who can review your case honestly. If you file your medical malpractice claim after the applicable limitation period has expired, it is likely that your case will be dismissed and you will have no recourse for the harm you suffered as a result of medical negligence. One of the biggest concerns for victims of medical malpractice is how long the case will last before they see a financial reward. This is understandable, especially if the injury is affecting your ability to work. You may be worried that you won`t be able to take care of yourself if the case lasts a long time. A fundamental principle of New Jersey`s tort law states that “in general, an aggrieved party should be liable only for the harm it actually caused to the plaintiff.” Komlodi, 89 A.3d c. 1247. The New Jersey Supreme Court has recognized that “it is the element of causation that is the most complex” in a medical malpractice case. Verdicchio, A.2d at 1056.La court said: “Although the concept defies definition, we have described proximate cause as a standard for limiting liability for the consequences of an action based on mixed considerations of logic, common sense, justice, policy and precedent.” Scarfidi v.
Seiler, 119 N.J. 93, 101 (1990). New Jersey law requires that in any lawsuit for alleged medical malpractice, the victim filing the lawsuit provide an affidavit stating that there is a reasonable probability that your injury was caused by negligent medical treatment. If you`re suing a medical malpractice case, keep in mind that New Jersey follows a modified comparative error rule. This means that if you are partially responsible for your injuries, all damages will be reduced in proportion to your percentage of fault. If your fault percentage is greater than the total fault of the combined defendant, restoration will be completely excluded. The judge or jury in your case is responsible for allocating the blame. Sometimes the defense has documentation of their mistake that you can`t use in your case. In 2004, the New Jersey Patient Safety Act (PSA) was passed. According to the PSA, healthcare facilities must report serious medical errors to the Ministry of Health. The goal of the PSA is to encourage healthcare institutions to review serious medical errors internally to avoid similar errors in the future.
Once a medical malpractice claim has been accepted, the court will award you a sum of money called damages. New Jersey law has set out several types of damages you can get: Most people who sue for medical malpractice are not the “plaintiff type.” In fact, it may be the only lawsuit they are bringing in their entire lives. And there are many legal requirements to win a case, which means that if you haven`t suffered any actual harm as a result of a medical error, you can`t pursue a medical malpractice case at all. See Tracking a medical error. These strict filing deadlines are known as the limitation period. Each state sets time limits within which you must file different types of legal claims in order to preserve your right to hear your case. In addition to the limitation periods for bringing the action itself, a limitation period usually prescribes other periods within which certain actions must be performed, otherwise you may be prevented from pursuing your action again.  NJ A966 was introduced at the 2012-2013 regular session of the New Jersey Assembly.
The bill sought to limit non-economic damages resulting from medical malpractice to $250,000. Under New Jersey law, a medical malpractice suit cannot be brought in court unless the allegations of medical negligence are supported by an affidavit from a qualified expert (i.e., another physician in the relevant field). N.J.S.A. 2A:53-27. This essentially means that before you can sue a doctor for malpractice in New Jersey, you must ask another doctor to review the case and agree that medical negligence may have occurred. Typically, this requires a qualified health professional to declare under oath that the care, skill or knowledge exercised or demonstrated in your treatment was outside the accepted standards of the medical community. A medical malpractice lawsuit in New Jersey begins with a lawsuit being filed. The complaint must clearly describe the alleged misconduct and the remedy sought.
The general rule for medical malpractice is that an expert witness is required to determine the applicable standard of care from which the defendant should deviate. Sanzari v. Rosenfeld, 34 N.J. 128, 134-135 (1961). The rationale for this expert duty is based on the fact that a jury generally does not have the “specialized knowledge, technical training and background necessary to determine the applicable standard of due diligence without the assistance of an expert.” However, all four elements of medical malpractice must be present in your application to prove that a health care provider treated a patient with a lower level of care. This requires proof that the health care provider`s actions do not meet the standards of the medical community and that the failure has caused you harm. It is usually difficult to determine for yourself if you have been the victim of professional misconduct. And preparing and filing a medical error is extremely complex and with strict deadlines. To make sure you don`t lose compensation, you should contact an experienced lawyer as soon as you suspect malpractice. See Find a lawyer for your case.
When you file a lawsuit, it usually becomes part of the public record. Verdicts in a case will also be public. This means that it is possible that it will be picked up by the media. However, if you settle amicably, you can keep a lot of sensitive details and settlement amount out of public records.