Hackensack Medical Malpractice Lawyers
Experienced Bergen County Medical Malpractice Lawyers Offer Legal Guidance You Can Trust
Medical malpractice occurs when your doctor, nurse or other healthcare provider is careless or negligent in providing your treatment. Not every bad medical outcome can be attributed to medical negligence. However, the medical community itself has standards that healthcare professionals must live up to. When your doctor fails to satisfy those standards and you are hurt, you may have the right to financial compensation.
Getting fair financial compensation in a medical malpractice case is almost never as simple as filing an insurance claim. At The Epstein Law Firm, P.A., our medical malpractice lawyers have won millions in settlements and verdicts for clients harmed by medical negligence. With more than 120 years’ collective experience, our lawyers have earned a reputation for protecting the rights of injured clients across New Jersey.
Do You Have Questions About A Potential Medical Malpractice Claim in New Jersey? We Can Help, Tell Us What Happened And Receive A Free Consultation.
Medical malpractice is serious. Patients place their trust in medical professionals who may be responsible for saving their lives. Doctors—and even hospitals—will often go to great lengths to deny responsibility when that trust is breached. After all, their reputations and careers are on the line.
If you have been hurt because of medical negligence in Hackensack or elsewhere in New Jersey, you need the best possible lawyer by your side. Our lawyers will aggressively advocate to protect your rights, negotiate with the insurance companies and make sure New Jersey’s complex procedural rules are followed.
Get Advice From An Experienced New Jersey Medical Malpractice Attorney. All You Have To Do Is Call 201-380-7687 To Receive Your Free Case Evaluation.
What is Medical Malpractice?
Most doctors and healthcare providers do their very best to care for their patients. They work hard and complete years of training—all with the full knowledge that they cannot save every patient. Unfortunately, some doctors act carelessly in providing treatment. In legal terms, actionable medical malpractice takes place when:
- The healthcare provider gives treatment that deviates from the applicable medical standard of care, and
- That deviation directly harms the patient by causing a condition to worsen, requiring additional treatment, causing unnecessary complications or otherwise
The medical standard of care is based on what a reasonable and trained healthcare provider would have done under the circumstances. It can vary based upon age, the patient’s history and condition, and even geographic location.
Medical malpractice can result from any number of acts or omissions, including:
- Failure to properly diagnose the patient, including misdiagnosis, delayed diagnosis or failure to diagnose entirely
- Surgery malpractice, including postoperative negligence
- Punctured organs
- Emergency room errors
- Medication errors, where the wrong drug is prescribed, the wrong amount of drug is used or the delivery system used to deliver the drug is wrong
- Hospital errors
- Sexual assaults in hospitals
- Cancer misdiagnosis
- Birth injuries and obstetrical errors
- Anesthesia errors
- Pharmacy errors
- Injuries caused by the use of defective medical devices
- Failure to obtain the patient’s informed consent
- Failure to take a proper patient history
At The Epstein Law Firm, P.A., we rely upon hard work and our decades’ of experience to help you determine whether you were the victim of medical malpractice. We use our resources and contacts in the medical community to bring in experts to evaluate what happened in your case. Those expert medical opinions serve two primary purposes:
- Establishing what a reasonable doctor or medical provider would have done under the circumstances, and
- Satisfying a basic requirement of New Jersey medical malpractice law, which requires the sworn testimony of a medical expert before your case can proceed
Our Fight to Get Fair Compensation for Medical Malpractice Victims
No amount of money can ever restore your health. Our lawyers understand that medical malpractice victims are often faced with overwhelming and frightening circumstances. Prompt and proper treatment is key to successfully treating many conditions and you could be faced with the need for additional care that is often more extensive or invasive.
Our lawyers are dedicated to getting the compensation you need to hold negligent medical professionals accountable for their mistakes. We meticulously review your medical records and work with experts to find out what caused your harm. We then advocate aggressively to get results, in the form of compensation for:
- Past medical bills
- The cost of treating your condition properly
- Rehab, physical therapy and any other ongoing need for care
- Lost wages and lost future earning potential
- Pain and suffering
- Emotional distress
- Loss of enjoyment of life or your loved one’s company
Most medical malpractice cases are settled out of court, through lengthy negotiations with insurance companies. Our lawyers have the medical knowledge needed to successfully navigate these negotiations. Our track record of success is built upon:
- Our commitment to helping injured clients
- Knowing which medical experts to consult
- Having the resources needed to see your case through to a fair settlement
- Anticipating the arguments your doctor’s lawyers are likely to use and putting in the harm work needed to firmly counter those tactics
A Proven Track Record Of Outstanding Results For Medical Malpractice Lawsuits
Contact Our Medical Malpractice Lawyers for a Free Case Review
All too often, medical malpractice victims accept insurance settlements that are really just token offers because they are unsure what constitutes a fair settlement award. At The Epstein Law Firm, P.A., our injury lawyers are here to fight for your right to receive the most compensation available. To schedule a free case review to tell us what happened in your case, call or fill out our online contact form today.
Frequently Asked Questions About Medical Malpractice Claims
Medical malpractice cases are more complicated than almost any other type of personal injury or wrongful death case. If you have reason to believe that you or someone you love was harmed due to a medical error, it is essential to have skilled legal counsel on your side. For years, The Epstein Law Firm has worked closely with families across New Jersey, helping them rebuild their lives and recover fair damages after a medical professional’s mistake.
The information below is meant to answer some of the more common questions people have about medical malpractice cases.
Some people think that any poor outcome is the result of medical negligence. This is not true. Medical malpractice occurs when a medical professional breaches his or her duty of care to the patient and the patient is injured as a result.
Under New Jersey law, a breach of duty occurs when a medical professional does not act with the care, skill or knowledge as an average professional in the same field.
You must make a request for your medical records in writing to the hospital or facility. You can often make that request online for larger facilities and many hospitals—and they are required by law to provide you with a copy (although they can charge a fee for copying the pages). However, you may have to make several requests to get the records you are looking for. For example, the hospital may not have any record of actions taken by the pharmacy or your primary care physician.
Misdiagnosis and delayed diagnosis often occur because the doctor or healthcare provider was careless or in a hurry. For example, these forms of malpractice can take place because of:
– Failure to listen closely to the patient’s concerns
– Failure to order the correct tests
– Failure to read test results properly or recognize the patient’s symptoms
– Failure to take a proper medical history, or failure to closely analyze that history in reaching a medical conclusion
Yes. These time limits, known as statutes of limitations, are very important in medical malpractice cases. Under New Jersey law, individuals have two years to file a medical malpractice claim. There are important exceptions to this rule, however, and they are listed below.
– If a person could not have reasonably discovered the injury when it happened, the statute of limitations does not begin running until the time the person could have reasonably discovered the injury.
– If a person is under the age of 18 when the malpractice occurred, the statute of limitations does not begin until the person reaches the age of 18. The exception to this rule is for birth injuries. In these cases, a malpractice claim must be brought before the child turns 13.
If you were harmed by medical malpractice, you are entitled to compensatory damages. Compensatory damages can include the following:
– Your medical expenses caused by the malpractice, both in the past and going forward
– Your lost income and lost earning potential
– Pain and suffering
In New Jersey, you may also be entitled to punitive damages. Punitive damages are intended to punish the medical professional, and are not awarded in every case. New Jersey law caps punitive damages at $350,000 or five times the compensatory damages award, whichever is greater.
Expert testimony is critical to the success of any medical malpractice case. In short, you will need physicians who practice in the same field as the physician who harmed you to review the evidence and testify on your behalf. Per New Jersey Statute 2A:53A-27, these experts must also sign a sworn statement that they believe there is a “reasonable probability” that your care “fell outside acceptable professional or occupational standards or treatment practices.” At The Epstein Law Firm, our attorneys work closely with physicians and other medical experts to help support every part of your case.