New York & New Jersey Medical Malpractice Lawyer
People who need medical care place their trust, and sometimes their lives, in the hands of doctors, surgeons, hospitals and other medical professionals. When mistakes occur during exams and procedures, however, patients can sustain devastating injuries. If you or a loved one has been injured due to medical negligence, you may be able to recover damages by pursuing a medical malpractice lawsuit. Nonetheless, these cases are complicated, which makes having proper legal representation invaluable.
What is Medical Malpractice?
Medical malpractice occurs when the negligence of a doctor, hospital or other medical professional injures a patient, worsens a condition, causes unreasonable or unexpected complications, or necessitates additional treatment. Not all acts of negligence lead to injuries, however.
In order to have a valid claim, it is necessary to show that an injury was caused by medical treatment that deviated from the appropriate standard of care. This is the type of care that a reasonably skilled doctor or other medical professionals would have provided under the same circumstances.
Additionally, the doctor’s negligence or incompetence must have directly caused the injury, and the injury must have led to specific damages. In particular, the claimant must be able to prove that the injury resulted in physical pain, disability, loss of income, mental anguish, significant past and future medical expenses, or suffering and hardship.
Medical malpractice may be the result of various negligent acts, including:
- Misdiagnosis, delayed diagnosis or failure to diagnose
- Breast cancer misdiagnosis
- Surgical errors
- Post-surgical infection
- Prescriptions errors
- Medical device injuries
- Anesthesia errors
- Emergency room errors
- EMT/Paramedic malpractice
- Birth injuries
- Hospital negligence
- Nursing home abuse
- LASIK or eye surgery negligence
- Misread test results
- Obstetrical malpractice
- Pediatric malpractice
- Transvaginal mesh cases
- Urologic malpractice
- Ultrasound malpractice
- Lack of informed consent
It is worth noting that a successful claim hinges on conducting a thorough investigation and carefully presenting evidence at trial.
What is informed consent?
Doctors and other healthcare providers have a legal obligation to inform patients of the potential risks, benefits and alternatives to any treatment, surgery or other medical procedure. The patient must also provide his or her written permission to proceed. This is referred to as “informed consent.” A medical provider who causes an injury but fails to obtain the patient’s informed consent can be held liable for medical negligence.
How long do I have to file a medical malpractice lawsuit?
In New Jersey, you have two years from the date the medical error occurred to file a lawsuit. This is referred to as the statute of limitations. Depending on the circumstances, the time period may be two years from the date on which the claimant discovers, or could reasonably have expected to discover, that he or she was harmed by medical negligence. In New York, on the other hand, the statute of limitations is 2 ½ years of the date of the injury.
How Nagel Rice, LLP Handles Medical Malpractice Cases
At Nagel Rice, LLP, we know that being injured because of a medical mistake can be devastating not only for the victims but their loved ones as well. We have a well-earned reputation for protecting the rights of our clients and helping them obtain the compensation they deserve.
Although doctors, surgeon, hospitals and other medical professionals may attempt to deny any liability or settle claims for as little money as possible, we utilize all of our skills and resources to fight for our clients. By conducting a thorough investigation, obtaining and evaluating the relevant medical records, and relying on the testimony of expert witnesses, we work diligently to build successful claims. Our trial attorneys have a proven track record of successfully trying cases in the courts.
At Nagel Rice, LLP, our medical malpractice attorney has been successfully fighting for injury victims for over 34 years. We have a proven track record of helping our clients obtain just compensation. Nagel Rice has produced over $100 Million in medical malpractice jury verdicts and settlements and is widely regarded as one of the premier medical malpractice firms in New Jersey. The firm has also argued more medical malpractice cases before the New Jersey Supreme Court and the appeals courts than any other New Jersey firm. Although there is an element of risk in any medical procedure, we believe that negligent parties must be held accountable.
Our verdicts and settlements in medical malpractice cases include:
- $9 Million jury verdict in medical malpractice case
- $7.5 Million settlement in medical malpractice action against New York hospital involving brain damage sustained by 7-year-old child after surgery
- $7,150,000 Settlement Reached in Medical Malpractice/Wrongful Birth Case
- $6 Million Verdict in a medical malpractice suit regarding the delayed diagnosis of colon cancer
- $5.2 Million in Howard case for medical malpractice case involving botched spinal surgery
- $4.25 Million Verdict in medical malpractice case involving several radiologists who failed to detect a facial tumor on a series of MRI’s
- $3.5 Million jury verdict in medical malpractice case involving failure to diagnose
Contact Our New York/New Jersey Medical Malpractice Attorney
If you or a loved one has sustained an injury resulting from negligence, you may be entitled to compensation for past and future lost wages, medical expenses, pain and suffering, and other losses. If medical negligence caused or contributed to the death of a loved one, surviving family members may be able to pursue a wrongful death lawsuit. Call our office or complete the contact form on our website to set up a free consultation.