What Is a Class Action Medical Malpractice Lawsuit?

By Greg Kohn
Partner

A person harmed due to the negligence or willful malintent of another person has a legal right to pursue justice and compensation for their injury.  When multiple people suffer similar injuries at the hands of the same negligent party, there may be grounds for a class-action lawsuit. 

New Jersey medical malpractice attorneys handling class action lawsuits represent clients with similar, actionable claims against a defendant or defendants. Class action lawsuits often involve product liability claims, though medical malpractice lawsuits are increasingly common. 

What is a New Jersey Class Action Medical Malpractice Lawsuit?  

New Jersey medical malpractice attorneys work with victims who have suffered harm due to the negligence or egregious misconduct of a medical provider. In cases where multiple victims have been similarly and negatively affected by a medical provider’s adverse actions, the victims may band together in a joint lawsuit, or class action, against the defendant(s). 

Characteristics of class action lawsuits: 

  • a large number of people suffering similar harm by the actions of the same defendant
  • the number of people affected makes individual lawsuits before the court impractical
  • legal counsel for the victims is consolidated into one team
  • legal costs are shared by the plaintiffs making a lawsuit more feasible 
  • a plaintiff files the lawsuit on their behalf and behalf of the other plaintiffs

By joining together in a class-action lawsuit, plaintiffs can seek justice and compensation for their injuries more expeditiously and cost-effectively than through individual actions. Also, by sharing legal expenses, plaintiffs in class action lawsuits can often afford more experienced, skilled counsel than may be otherwise possible. 

Class action medical malpractice lawsuits are filed when a physician, hospital, or other medical provider is discovered to have similarly harmed multiple patients. 

Characteristics of medical malpractice class action lawsuits:

  • a duty of care was owed to the patients
  • the duty of care owed to the patients was breached
  • the same medical provider breached the duty of care
  • the breach of duty resulted in similar injuries and harm to the patients

Joining a Medical Malpractice Class Action Lawsuit in New Jersey

It’s important to note that joining a class action lawsuit precludes plaintiffs from taking future action against the defendant(s). Also, damages awarded are split among the plaintiffs and proportioned to the harm suffered by each individual. 

The likelihood that an individual plaintiff could sustain a prolonged battle against the legal counsel of either a medical malpractice insurance company or a large hospital is slim. The united front of a class-action lawsuit can be very effective toward reaching a settlement or proving your case at trial. 

The Right New Jersey Medical Malpractice Attorney

Medical malpractice has far-reaching consequences that can severely damage a person’s physical and emotional quality of life.

If you or someone you love has been affected by medical malpractice in New Jersey, you have a right to hold your violators accountable for their breach of care.

Our experienced New Jersey medical malpractice attorneys believe that all instances of medical malpractice should be investigated. Victims of medical malpractice deserve the right to recovery with financial compensation for the harm perpetrated against them.

Contact an experienced New Jersey medical malpractice lawyer today to speak with one of our knowledgeable attorneys. We offer a comprehensive medical malpractice case review and advise regarding the viability of an independent claim or a potential class-action lawsuit. 

About the Author
Greg Kohn is a partner at Nagel Rice and specializes in complex civil litigation cases, including professional malpractice, personal injury, class actions, wrongful death, products liability, and commercial litigation.  He has extensive experience representing clients in both state and federal court. Greg has tried many jury trials to verdict and has recovered over $50 million in settlements and verdicts in all types of personal injury matters including automobile accidents, wrongful death cases, slip and falls, and other catastrophic injury cases. Greg also handles medical malpractice cases, involving misdiagnoses, wrongful birth, and delayed cancer diagnosis. If you have questions regarding this article, you can contact Greg here.