Medical Malpractice FAQ
June 5, 2020
When someone undergoes surgery or consults with a medical professional for a diagnosis, they expect to be treated professionally with their best interests in mind. After all, medical professionals signed an oath to uphold ethical standards. But when a doctor or other medical professional or establishment fails to practice within the standard of care, that’s when it’s time to move forward with a medical malpractice claim. Below, we answer some commonly asked questions about medical malpractice, including common examples of it, who you can sue and how long you have to file your claim.
Common Examples of Medical Malpractice
Medical malpractice occurs when a medical professional breaches the medical standard of care. This standard of care dictates what another reasonable doctor or healthcare provider would have done under similar circumstances. The most common examples of medical malpractice include:
- Birth injuries
- Emergency room errors
- Surgical errors
- Failure to take a patient’s medical history
- Delayed diagnosis or failure to diagnose a disease or illness
- Prescribing the incorrect medication or dosage to a patient
It’s important to remember that medical malpractice can occur to anyone, regardless of their age and medical history.
Can I Sue the Hospital for the Doctor’s Mistake?
One common misconception is that the doctor treating you at the hospital works for the hospital. In many cases, that’s not true. Most doctors work as independent contractors, meaning that if you’re injured as a result of a physician, you will be suing the doctor, not the hospital where the harm occurred. However, there are exceptions to this. If the hospital knew that the doctor was dangerous and they refused to take action, they may be held liable for any injuries that specific doctor caused. Also, if the doctor is an employee of the hospital, the hospital may be liable.
How Long do I Have to File a Medical Malpractice Claim?
In New Jersey, residents have two years to file a medical malpractice claim. This time frame is known as the statute of limitations; once this window closes, so does the plaintiff’s opportunity to recover compensation for their injuries. The statute of limitations does not start until the person discovers or should have reasonably discovered the injury.
If a minor was injured as a result of medical malpractice, they have two years from their 18th birthday within which time to file a lawsuit. The only exception to this is that if the plaintiff suffered birth injuries, the lawsuit must be filed before the child’s thirteenth birthday.
Contact A Rochelle Park Personal Injury Lawyer To Discuss Your Medical Malpractice Case In New Jersey
Did you or a loved one sustain serious injuries due to medical malpractice in New Jersey? Don’t let the medical bills pile up while you wait for the negligent party or their insurance company to do the right thing. Right now, you need an aggressive personal injury attorney on your side, fighting to get you the compensation you need, want, and deserve. The skilled attorneys at the Epstein Law Firm, P.A. represents clients injured because of medical malpractice in Paramus, Paterson, Hackensack, Ridgewood, Mahwah, Montvale, Teaneck, Fort Lee and throughout New Jersey. Call 201-231-7847 or fill out our online contact form to schedule a consultation about your case. We have an office conveniently located at 340 West Passaic Street Rochelle Park, NJ 07662.
The articles on this blog are for informative purposes only and are no substitute for legal advice or an attorney-client relationship. If you are seeking legal advice, please contact our law firm directly.