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New Jersey Medical Malpractice Lawsuit

scale of justice with gavel in law libraryNew Jersey personal injury lawyers serving Morris, Passaic, Middlesex, Hudson, Essex and Bergen County, as well as all five boroughs of NYC.

If you or a family member has been harmed through a mistake made by a doctor, nurse, or other health care professional or institution, you may be wondering if filing a medical malpractice lawsuit is the right course of action for you.

At Eisbrouch Marsh, we can provide you with information that will help you make the right legal choices for you and your family. Our firm’s NJ medical malpractice lawyers have over 25 years of experience representing clients just like you: ordinary people who find themselves in extraordinarily difficult circumstances and want to understand their options for legal recourse.

Filing a medical malpractice lawsuit isn’t something that happens as frequently as many people think. It can be very difficult to win a case in court and the number of claims filed has actually gone down in recent years. Nevertheless, in the right circumstances and with the right lawyer, it is possible to get substantial compensation (sometimes, as in past New York and New Jersey cases, multi-million dollar settlements) for doctor errors that can help to cover medical bills, lost income, and ongoing care that may be necessary in the face of catastrophic injury.

If you are struggling in the aftermath of medical negligence you need to find out whether you might be eligible for compensation.

Eisbrouch Marsh has access to medical experts and resources necessary to investigate and argue your case in court. We will give you the time and attention your questions deserve, starting with a no-cost case evaluation. In the event you decide to partner with our firm, you pay us nothing unless we win a jury verdict or settlement on your behalf.

What constitutes medical malpractice

According to data available from 2013, the most common allegations involved in medical malpractice lawsuits are:

  • Incorrect diagnosis – 33%
  • Surgery related – 24%
  • Treatment related – 18%
  • Obstetrics related – 11%
  • Medication related – 4%
  • Monitoring related – 3%
  • Anesthesia related – 3%
  • Other – 4%

It is important to remember, however, that not all medical “mistakes” or poor outcomes constitute grounds for bringing a medical malpractice lawsuit in New Jersey. Rather, the plaintiff must demonstrate that the treatment he or she received fell below the accepted standard of medical care, and that this lapse directly caused harm.

For instance, a doctor may misdiagnose a patient’s ailment, thus leading to incorrect or delayed treatment and to the further spread of illness or additional injury.  A mistake in this area, even one that resulted in a catastrophic outcome, does not constitute malpractice in and of itself.

But what of the following scenarios?

  • A reasonably competent doctor would have considered a particular illness among the list of potential diagnoses in your case and your doctor did not do so.
  • A reasonably competent doctor would have known the correct treatment for your illness, and your doctor did not apply it.
  • Your medicine or treatment came with certain risks or potential side effects and you were not warned of them.  You would never have said yes if you had known.  You did not, in other words, provide your informed consent.

These scenarios may very well involve malpractice. It is also important that the plaintiff be able to prove that the act or acts of medical negligence in question were directly linked to the harm that a patient suffered.

An attorney from Eisbrouch Marsh can assess whether malpractice occurred and can put a case together to demonstrate that negligence was the direct cause of your injuries and financial losses.

Common injuries in malpractice lawsuits

Medical malpractice lawsuits may arise from severe injuries or the wrongful death of a loved one.

Injuries commonly alleged in malpractice litigation include the following:

  • Death – 22%
  • Organ damage/infection – 8%
  • Other injury – 5%
  • Brain or head injury – 5%
  • Chronic pain – 5%
  • Neck/back injury or pain – 4%
  • Loss of sight/hearing – 4%
  • Nerve damage, no paralysis – 3%
  • Cancer – 3%
  • Facial/mouth injury – 3%
  • Paralysis or amputation – 3%
  • Soft tissue – 3%
  • Burns, lacerations, skin infection – 2%
  • Fracture – 2%
  • Other/unknown limb injury – 2%

It is possible for you or a family member to have suffered an injury other than those listed here and still have a viable case.

New Jersey medical malpractice: damages and compensation

Although a medical malpractice lawsuit can be more difficult to win than other kinds of personal injury lawsuits, successful cases can result in extensive compensation. For instance, a Montague, NJ woman was awarded $34 million in a 2012 lawsuit over a traumatic brain injury that impaired her both mentally and physically.

In another case, parents of a boy born with cerebral palsy were awarded $18.5 million against Newark Beth Israel Medical Center in 2010.

The nature of your compensation will vary, depending on a number of factors, the most significant of which is the extent of your injuries. For instance, the average payout for an amputation or paralysis case is more than $2 million, while cases involving chronic pain might have outcomes of more than $300,000.

A jury would consider the degree to which the injury caused a patient to lose the potential to make a living, and whether they will need ongoing care, treatment, or other support. Depending on your circumstances, you might also be compensated for less tangible kinds of losses, such as pain and suffering. Finally, there are punitive damages which, in New Jersey, are capped at either five times the compensatory damages or $350,000 (whichever is greater).

In medical malpractice cases, it is far more likely that the parties involved will negotiate a settlement than for the plaintiff to receive a jury award. No reputable attorney can claim to guarantee you a specific dollar amount for a settlement or jury award in your case. However, the NJ medical malpractice attorneys at Eisbrouch Marsh can promise a proven track record of procuring maximum compensation for their clients through their proactive approach to litigation. If you have been hurt in Hackensack, Paramus, Bergen County or anywhere in northern New Jersey, contact us today for a free, no-obligation legal consultation.

Filing a medical malpractice lawsuit in NJ

Filing a medical malpractice lawsuit might seem like a daunting task for a number of reasons. Time is of the essence. The statute of limitations for filing such a lawsuit is two years from the time of the incident or the discovery that some harm has taken place.  If you or, especially, your minor child requires the financial assistance that compensation may provide, you will want to start the legal process as soon as possible.

If a liable party is a public or government entity, notice must be provided within 90 days of death or injury in the state of New Jersey; this deadline is taken quite seriously and if you don’t file soon enough you will forfeit your chance. If you think you may have a case, you should talk to a personal injury lawyer at Eisbrouch Marsh as soon as possible.

Very early in the process, the plaintiff’s team must also submit an “affidavit of merit” from a qualified professional who is willing to testify that the lawsuit is, indeed, worthy of pursuit and that the plaintiff’s claims may have merit. Tracking down an appropriate doctor or other professional willing to authorize a case against another doctor is becoming increasingly difficult. New Jersey law stipulates that only expert witnesses in fields comparable to the professionals being sued for malpractice may be called in to testify. Rounding up witnesses and other professional resources in the appropriate fields can be challenging. And, of course, there is a whole process of investigation, paperwork, and other deadlines to consider.

Fortunately, a team of attorneys with sufficient experience and resources can take care of all of these matters for you. It is important, however, to choose a firm that is up to the challenge.

Eisbrouch Marsh: medical malpractice lawyers NJ trusts

Eisbrouch Marsh can manage every facet of your lawsuit in a way that leaves you confident that your needs are being looked out for. We have years of experience representing clients like you from New York and New Jersey–including Hackensack, Paramus, Bergen County, Northern NJ, and all NYC boroughs–and we can do what needs to be done to make sure that you receive that compensation that you deserve for your medical malpractice injury.

Contact our office at 201-342-5545 to set up a free legal consultation with one of our personal injury attorneys. You’ll get answers to your questions and if you decide that a medical malpractice lawsuit is right for you, you’ll know that you have the best legal team in your corner.

  1. Times of Trenton, The changing field of medical malpractice law: A conversation with attorney Benjamin Cittadino http://www.nj.com/mercer/index.ssf/2012/10/the_changing_field_of_medical.html
  2. NY Daily News, Medical malpractice lawsuits have cost city $134 million this year and range from babies crushed to crucial misdiagnoses http://www.nydailynews.com/life-style/health/medical-malpractice-lawsuits-cost-city-134-million-year-range-babies-crushed-crucial-misdiagnoses-article-1.1145098
  3. Diederich Health Care, 2013 Medical Malpractice Payout Analysis http://www.diederichhealthcare.com/medical-malpractice-insurance/2013-medical-malpractice-payout-analysis/ 
  4. New Jersey Star Ledger, Montague family awarded $34 million in malpractice suit after mother suffers brain damage http://www.nj.com/news/index.ssf/2011/07/montague_family_awarded_34m_in.html
  5. MiddlesexCounty family is awarded $18M in malpractice case that left son with cerebral palsy http://www.nj.com/news/index.ssf/2010/04/middlesex_family_is_awarded_18.html