Dangerous Doctors: Medical Malpractice Law in NJ

Hospitals are supposed to be places of healing. They’re where you go when you’re sick or injured and need the aid of highly trained professionals. However, between 15,000 and 19,000 medical malpractice suits are brought against doctors each year and according to the Journal of the American Medical Association (JAMA), medical negligence is the third leading cause of death in the U.S.—right behind heart disease and cancer.

In the News

Recently in the news, a family of a New Jersey girl was declared dead and filed a medical malpractice suit claiming a California hospital pressured them for her organs. Thirteen year old, Jahi McMath, suffered cardiac arrest in December 2013 following a tonsillectomy surgery which resulted in severe brain damage. The family is seeking unspecified damages as a result of alleged medical negligence and the emotional distress they suffered. McMath was declared brain dead after doctors at the hospital said her brain showed “no cerebral activity” and a death certificate was issued, but her family obtained a restraining order preventing the hospital from terminating her life support and she was transported to New Jersey, which accommodates patients declared brain dead who belong to a religion that does not accept the diagnosis as a final verdict for death.

Medical Malpractice Law in NJ

According to New Jersey medical malpractice law, medical malpractice occurs when a medical professional does something or doesn’t do something that causes an injury or some harm to the patient – violating the standard of care. The medical professional’s act or failure to act is called “medical negligence.” The standard of care depends on a number of factors including the patient’s health and age.

The New Jersey medical malpractice law has an established statute of limitations, which are limits on how long a patient can wait to file suit in medical malpractice cases. This established limit is strict – once the allowable amount of time has passed, you can no longer file a medical malpractice claim.

Medical Malpractice Categories

  • Radiology malpractice
  • Surgical errors
  • Delay in medical diagnosis
  • Birth injury
  • Leaving a foreign object (for example, a clamp) inside a patient’s body during surgery
  • Prescribing the wrong medication

We Can Help

You have to be an advocate for your healthcare. You deserve to be compensated for any injuries and damages you incur due to someone else’s mistake. If you or a loved one has been the victim of medical malpractice in New Jersey, it may be possible to pursue financial compensation for the losses you have sustained. Call the personal injury lawyers at Villani & DeLuca P.C. at 888-389-9533 for your free consultation today. We serve New Jersey clients located throughout New Jersey, including Ocean County and Monmouth County.