South Jersey Medical Malpractice Lawyer
Medical malpractice cases are some of the most complex personal injury cases, regardless of where they are filed. Patients can file a medical malpractice claim any time a doctor or other healthcare professional is negligent and they suffer harm as a result. Proving fault in medical malpractice cases is just one challenge associated with these claims, as not every unsuccessful result is due to negligence. Medical malpractice cases are also subject to many laws that are not present in other types of injury cases. Our South Jersey medical malpractice lawyer explains what these are below.
Serving Atlantic City, Marlton, Cherry Hill, Vineland, Bridgeton, Millville, Camden, Trenton
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- Burlington County
- Camden County
- Cape May
- Cumberland County
- Gloucester County
- Mercer County
- Middlesex County
- Ocean County
- Salem County
- South Jersey
Statute of Limitations in Medical Malpractice Cases
Both New Jersey and Pennsylvania law stipulate that the statute of limitations, or time limit, on medical malpractice cases is two years from the date of injury. In New Jersey, there are some exceptions to the law.
If the malpractice occurred during a birth, a claim must be filed by the time the child turns 13 years old. If the malpractice occurred during childhood, the victim has until two years after they turn 18 years old to file a claim if they are filing on their own. Additionally, if the patient did not learn of their injury until later, the statute of limitations is tolled until two years from the date the injury was discovered, or should have been discovered.
Pennsylvania also places a two-year statute of limitations on medical malpractice cases. Like New Jersey, Pennsylvania law also allows for some exceptions, including the discovery rule when the injury was not discovered right away. Still, any medical malpractice claim in the Commonwealth must be filed within seven years of the accident caused by medical negligence.
Certificate of Merit
Both Pennsylvania and New Jersey have protections against frivolous medical malpractice lawsuits. One of the main ones is the certificate of merit, known as an affidavit of merit in New Jersey.
Regardless of what it is called, a certificate of merit is a statement from a healthcare professional in the same field as the defendant. The certificate of merit must state that the defendant did not provide the high standard of care and that the doctor signing the certificate would have acted differently. Without this certificate or affidavit of merit, a medical malpractice claim cannot be filed.
Caps on Damages
Many states place a cap, or limit, on the damages available in medical malpractice claims. Fortunately, neither Pennsylvania or New Jersey has a cap on the economic or non-economic damages available in medical malpractice cases. Both states, however, do outline a cap on punitive damages, but these are not usually awarded in medical malpractice cases.
Medical malpractice claims are complex and varied
- Human error malpractice
- Birth defects including cerebral palsy
- Gross negligence malpractice
- Treatment Errors
- Prescription drug errors or medication errors
- Failure to conduct proper testing
- Failure to treat
- Failure to diagnose or erroneous diagnosis
- Unauthorized treatment or lack of informed consent
- Sexual assault
- Guaranteed results or guaranteed prognosis
- Breach of doctor-patient confidentiality
- Hospital liability
- Failure to train or oversee medical personnel
- EMT or paramedic errors
- Medical equipment defects or failures
- Off-label use of prescription drugs
- Off-label use of medical hardware
Our South Jersey Medical Malpractice Lawyer Can Help with Your Claim
If you or someone you love has been harmed by medical negligence, our South Jersey medical malpractice lawyer at Monaco Law, PC can help with your claim. Call us now or reach out to us online to schedule a free consultation with our skilled NJ med mal attorney and to learn more about how we can help.