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New Jersey Medical Malpractice Lawyers

Medical Malpractice Lawyer

The human body is so intricate that a single medical mistake, however small, can have devastating effects.

Medical errors happen with unthinkable frequency in the United States. If your family has suffered a severe injury at the hands of a negligent doctor, it’s essential that you get help right away to cope with the shattering effects of malpractice: pain and disability, astronomical medical bills, or even – for hundreds of thousands of families – the irrevocable loss of a loved one’s life.

It might feel like there’s nothing anyone can do to make things better. The medical mistake can’t be undone, and neither can the consequences it brought upon your health and your family.

But it doesn’t have to be this way.

As a victim of medical malpractice, it’s understandable that you’re hesitant to put your faith in someone else – even a professional. After all, the last time you trusted a medical provider, the mistake they made cost you everything. It can make putting control of any part of your life in the hands of a stranger feel dangerous – like you’re inviting even more uncertainty into your life.

Here are the things you can feel certain of when you move forward with a medical malpractice claim with Console & Associates on your side:

  • Having the attention of experienced legal professionals – attorneys with a history of getting results – focused on your malpractice claim.
  • Facing no upfront fees and no risks of any kind for pursuing a claim, because we advance all costs and take on the risk for you.
  • Knowing that you’ve got an advocate fighting for your best interests throughout your claim.

Call (856) 778-5500 or send a secure online message to our medical malpractice lawyers right now. You pay no legal fees unless we win money for you – guaranteed.

Do you suspect medical malpractice?

A patient should never have to worry about whether they can trust their doctors, but the truth is that medical negligence happens all too often. If you suspect that something went wrong during your treatment, the personal injury attorneys at Console & Associates, P.C. want to hear from you right away. We can help you determine if your injury was the result of medical negligence and, if so, start building your case today.

If you’re looking for answers about your care or searching for a solution to the financial problems caused by the medical error, we’re ready to assist you. Drawing upon our decades of experience handling medical malpractice claims, we can help you fight back, get justice, and get compensation for all that you have been through.

Medical malpractice cases can be complicated, but we’ll walk you through every step of the process so that pursuing a claim doesn’t feel overwhelming. Our team of attorneys has recovered numerous medical malpractice negligence settlements on behalf of our clients—and we never charge upfront fees for our services. You can trust us to handle your case with care and compassion and to have your back during this difficult time.

You don’t have to go through this alone! Call us today at (866) 778-5500, and let our medical malpractice attorneys be your advocates.

What to Do When You’ve Suffered From Medical Malpractice in New Jersey

Clipboard With Documents About Medical Malpractice And Gavel.

Clipboard With Documents About Medical Malpractice And Gavel.

If you believe you may be the victim of a medical professional’s negligent actions, there’s no time to lose.

1. Seek appropriate medical intervention right away.

If the medical malpractice is ongoing or if your injuries put your health in immediate danger, you need to get to a safe place where you can be taken care of appropriately.

That may mean medical negligence or getting transferred to a different facility or a different physician.

  • If you aren’t currently under the care of a doctor, you may need to seek immediate treatment for the continuing complications of previous medical errors.
  • If you are under the care of a medical provider who you fear may be acting negligently, you need to know your rights and insist on making yourself heard by your providers or on seeing another physician. You may be able to request help from a friend or family member, a patient advocate within your health care system, or a medical malpractice attorney.

2. Get your medical records as soon as possible.

The evidence of your doctor’s negligence is encapsulated in your medical charts. The sooner you are able to get your hands on these records, the sooner you can begin moving forward with your claim.

How Do I Obtain My Medical Records?

Patients have a legal right to their medical records. But the medical providers and facilities where negligence occurs aren’t always forthcoming. They may try to deter you from retrieving your medical records or make it difficult to access your full records in an attempt to keep medical mistakes hidden.

When you need to gather your medical records, you should start by presenting a written request to the medical facility or health system.

  • You don’t have to (and shouldn’t) tell the facility that the reason you want your records is that you suspect medical malpractice. You don’t need to provide a reason for requesting a copy of your medical records for your own purposes.
  • Keep in mind that you may need to submit multiple requests for medical records from different departments, hospital stays, and doctors.
  • Although you are entitled to a copy of your medical records, you may be required to pay a copy fee to obtain your records.
  • If you are having trouble getting access to your records, skip to the next step and reach out to a medical malpractice lawyer to assist you.

The United States Department of Health and Human Services ‘Privacy Rule’ outlines your rights with regard to accessing your medical records and ensuring they are kept private according to HIPPA law.

3. Call a medical malpractice lawyer in New Jersey for help (at no upfront charge).

For a successful medical malpractice claim, you’re going to need a knowledgeable attorney on your side. All it takes to launch an investigation into your medical care is a simple phone call to a medical malpractice lawyer in New Jersey.

NJ medical negligence attorneys typically offer free consultations and will review your medical records – with the help of experts in the medical field – at no charge. Through this thorough review and investigation, we can determine whether you have medical malpractice grounds for a viable case.

4. File a medical malpractice complaint with the state of New Jersey.

Pursuing a medical malpractice and personal injury claim is crucial to your recovery and well-being. An insurance claim or lawsuit will be your only option to get compensation for the injuries you suffered due to the medical error and for the ways this injury has affected your life.

However, you also have the option to file a medical malpractice report with the state.

How to report medical malpractice:

Who to report medical malpractice to in NJ:

Filing a health complaint by phone:

  • Health facility complaints: Call the Department of Health Complaint Hotline 24/7 at (800) 792-9770. You may choose to make an anonymous complaint through the NJ medical malpractice hotline.
  • Physician complaints: Call the Board of Medical Examiners at (609) 826-7100.
  • Nurse complaints: Call the Board of Nursing at (973) 504-6457.

Where to report medical malpractice by mail:

  • For health facilities:
New Jersey Department of Health
Division of Health Facilities Evaluation and Licensing
P.O. Box 367
Trenton NJ 08625-0367

  • For physician complaints:
Download the official State Board of Medical Examiners complaint form and mail to:

Division of Consumer Affairs
State Board of Medical Examiners
P.O. Box 183
Trenton, NJ 08625

  • For nurse complaints:
Download the official New Jersey Board of Nursing complaint form and mail to:

New Jersey Board of Nursing
P.O. Box 45010
Newark, NJ 07101

Filing a health complaint online:

How to Recognize Signs of Medical Malpractice in New Jersey

Lehigh Valley Medical Malpractice And Negligence |Console & Associates P.C.

Medical errors take so many different forms that the signs of medical malpractice can differ significantly from one case to another. A few of the possible “red flags” of medical malpractice include:

  • An unexpected complication or negative outcome that you feel your doctor did not adequately prepare you for
  • A new or worsened symptom that began at the time of, or shortly after, a medical procedure or treatment
  • A disease or medical condition that was diagnosed at an unexpectedly advanced stage of progression, especially if you had previously consulted a doctor for similar symptoms in the past
  • Chronic symptoms that your doctor has dismissed or failed to address

Some medical malpractice claims involve more than one of these signs, while others are unique circumstances in which none of these signs apply.

If you have any reason to believe you or a loved one may have been a victim of medical malpractice, don’t hesitate to contact a personal injury attorney in New Jersey for assistance. It costs nothing to find out your options and nothing upfront to pursue a claim.

Can You Sue for New Jersey Medical Malpractice?

Dangerously poor treatment at the hands of a medical professional isn’t something you have to put up with. If you suffered serious injury as a direct result of a doctor’s negligence, you can file a medical malpractice insurance claim or a lawsuit. Through this legal action, you can:

  • Get answers about how and why your medical care led to such poor outcomes
  • Hold accountable all medical providers who failed you and caused you harm
  • Secure the financial compensation to cover your medical expenses, lost wages, pain and suffering, diminished quality of life, and more

Medical Malpractice and Suing: The 4 Fears That Keep Claimants From Getting the Money They Deserve

For many victims of medical malpractice, the idea of suing anyone can seem daunting. When the defendant you’re suing is a doctor you once trusted or a large hospital or healthcare system, the prospect of a lawsuit may be even more intimidating.

Here are four common concerns – and why you can’t afford to let these fears stand in the way of moving forward with your claim.

1. Fear of not being able to afford the cost of a medical malpractice lawyer

You may be afraid you’ll have to pay a high price to talk to an attorney.

It’s a myth that hiring New Jersey medical malpractice attorneys is unaffordable – but a common one.

In fact, the perceived cost is the #1 most common reason why people are reluctant to hire attorneys. In an original survey we conducted of more than 1,000 people, 51 percent of the general public population bought into this misconception that lawyers charge too much money.

The truth is, medical malpractice firms in NJ don’t charge any money upfront for legal representation. Our no-win, no-fee legal services allow every patient harmed by medical errors to seek justice without taking on the financial risk of a lawsuit.

At Console & Associates, the consultation is free, and you’ll never have to pay anything upfront for our representation.

why you might be reluctant to call an attorney

2. Fear of not understanding the legal process

You might be concerned that you don’t know what to expect from a medical malpractice lawsuit. Relax! Our medical malpractice lawyers are here to help, not to cause you any more stress.

Moving forward with a medical malpractice claim starts simply enough. We’ll gather as much information as we can about you and your situation. Then we will conduct an initial investigation into your medical treatment to determine if you have a case.

We will explain the legal process and what you need for a medical malpractice case. Once you understand the process, a lawsuit won’t seem anywhere near as nerve-racking. And the best part is that your attorney will handle every aspect of your legal process for you – so there’s no hassle and no distraction from working toward recovery.

3. Fear of not knowing where to start

It might be hard for you to clearly and easily explain what happened to you. After all, you’re not a doctor – but we don’t expect you to be.

Just tell us what you know and answer our questions as best you can. Once we’re familiar with your situation and whether or not you might have a case, we can review your medical records and investigate the details that even you might not be sure of.

4. Fear of having to give up control

When you’ve suffered any kind of accident or injury, it can feel like your life is spinning out of your control. Putting your trust in an attorney may feel like giving up even more of your control, but it can also free up your time and energy. With a lawyer on your side, you can get the financial compensation that can help you regain control of your life.

You want to know that whoever you trust with your claim has the same goals for your case as you do. With our No Win No Fee Promise, our goals are perfectly in line with yours. We want to get you the most money possible for your situation.

We make more money when you get more money, so our interests will always line up with yours. And if you don’t have a claim, we won’t try to convince you otherwise. We don’t want to waste your time (or ours) if we know you don’t have a case.

Understanding New Jersey Medical Malpractice

Medical malpractice is a particularly complex area of law. There’s a lot to know about medical malpractice negligence claims, including what malpractice means and how to prove it.

What Is Medical Malpractice?

Medical malpractice is defined as any negligent action on the part of a healthcare professional that deviates from or falls below the standard of care and results in harm to a patient.

  • A healthcare provider can mean a doctor, a nurse, a physician assistant, or any number of other professionals involved in a patient’s care, diagnosis, and clinical treatment.
  • The standard of care refers to accepted standards of medical practice that are established by the larger medical community.

Deviating from the standard of care may mean doing something that the average doctor wouldn’t do, like prescribing dangerously addictive medications for an inappropriate purpose or length of time.

It can also encompass omissions, or failures to act – things like neglecting to order a test that a reasonable doctor would have done based on the patient’s symptoms and health history.

The standard of care, in general, and as it pertains to their field of medicine specifically, guides a doctor’s medical decisions and informs the choice and timing of diagnostic tests and treatments.

Falling below the standard of care can cause serious harm to a patient, including causing long-term health problems. Sometimes these errors can cost a patient their life.

What Is Medical Negligence?

Another term you may hear is medical negligence. Medical malpractice and medical negligence are often used simultaneously because these two elements of a claim are closely related – so much so that patients may not be able to differentiate between them. For experienced attorneys, the small but important difference between medical malpractice vs. medical negligence comes down to whether there was intent, such as a conscious decision to do (or not do) something even though it could raise the risk of harm to the patient.

Once an attorney is familiar with the details of your claim, they can help you understand whether your case fits better under the banner of medical malpractice or medical negligence. In either situation, you may be able to pursue a case. The legal points your attorney makes in that claim that is likely to be different depending on whether they are claiming malpractice or negligence.

Defining malpractice without talking about the standard of care is virtually impossible. That’s because the negligence that occurs in a malpractice situation hinges on whether or not the healthcare provider deviated from the standards established by the broader medical community.

Medical Malpractice vs. a Bad Medical Result

Bad Bedside Manner Or Medical Malpractice

Bad Bedside Manner Or Medical Malpractice

It’s important to understand the difference between a negative outcome and poor quality of care. If you have only one of these elements – but not both – then you may not have the grounds for a claim.

When medical malpractice occurs, negligence in some form has led to a medical mistake or error on the part of the healthcare provider. If, however, that error doesn’t bring about a bad medical result, you have no claim.

This could happen because the mistake was detected quickly by the person who made it or by someone else, or by sheer luck that the worst consequences didn’t occur. Since you didn’t suffer further injuries or complications that resulted in considerable physical or financial losses, you won’t be able to pursue a claim in this situation.

Another time when you have no claim is if you have a bad medical outcome, but no malpractice occurred. Unfortunately, bad medical outcomes happen all the time, and there might not be anyone to blame.

Do I Have a Claim If My Surgery Is Not Successful?

Understanding why your surgery was not successful, and what consequence the failed surgery had on your health, is a large part of determining if you have a claim.

It may be that your surgery did not fix your problem, at all or to the extent you were hoping it would. This might not be because your doctor did anything wrong, but because your condition was too advanced for modern medical interventions to fix or because your body simply didn’t respond well to the treatment. If the surgery didn’t pose further problems for you, then it’s likely that the failure to fix your existing problems won’t be considered harm enough to warrant pursuing a claim.

What if you did suffer an injury? Every surgery has risks, even when performed by a highly qualified and very careful doctor. You could be harmed as a result of suffering one of those predictable risks, but you still wouldn’t have a claim. On the other hand, you could pursue a claim if what happened to you was not a known risk of surgery but instead the result of a botched technique, an impaired or overconfident doctor, or another negligent action.

Do I Have a Claim If My Doctor Made the Wrong Diagnosis?

A wrong diagnosis may be more likely than an unsuccessful surgery to bring about a medical negligence claim. Remember, malpractice refers to situations in which a healthcare professional negligently or carelessly strays from the standard of care. The question becomes whether the wrong diagnosis or delayed diagnosis happened because of negligence or merely because you matter was a medically difficult case.

Suppose your condition is exceptionally rare and presented very few of the symptoms associated with it. Your doctor’s inability to diagnose that condition correctly may be understandable, especially if you don’t have the most common risk factors for that condition and your doctor is not a specialist in that type of disease. It’s possible that your doctor did all the right things that the average member of the larger medical community would have done but still failed to make that correct diagnosis in a timely manner.

On the other hand, it’s a totally different story if your doctor overlooked key symptoms or brushed past significant risk factors in your medical history. If your doctor neglected to order the diagnostic testing that a reasonable doctor would’ve done, or if that physician failed to interpret your test results accurately, then you might have a claim for malpractice based on a wrong diagnosis.

At this point, you need to successfully show that the wrong or delayed diagnosis caused you additional harm. Did the delay, for example, allow your condition to worsen? Did you develop serious side effects or complications because of the unnecessary treatments you underwent for a medical condition you don’t have?

An unwanted outcome doesn’t always mean malpractice. However, if you think that what happened to you or a loved one was preventable, you should always look into it. You have nothing whatsoever to lose by taking advantage of a free consultation with an experienced medical malpractice lawyer in NJ.

What Is a New Jersey Medical Malpractice Lawsuit?

If you think you have been the victim of a medical error, you might move forward with a medical malpractice claim. A medical malpractice claim is a type of insurance claim in which you would seek financial compensation from the health professional’s malpractice insurance carrier. Think of this as a policy that provides benefits to an injured party.

Your claim turns into a medical malpractice lawsuit when you commence litigation. This means you have filed legal documents known as a complaint, or pleading, with a court of law.

Filing a medical malpractice lawsuit doesn’t mean that your case will go to court. Most medical malpractice cases don’t. What it means is that you have the option to take the matter to trial if that’s what’s necessary to get the money you deserve for your claim.

You can have an attorney file a medical malpractice lawsuit on your behalf and still settle the matter out of court through negotiations with the malpractice insurance company. In fact, that’s often the goal – to reach a settlement that covers the full extent of your injuries and losses before your claim progresses to the courtroom.

Is It Medical Malpractice or Personal Injury?

If you’re wondering about the qualities of medical malpractice vs. personal injury, you’re right in thinking that these two types of law are connected. Medical malpractice is one type of personal injury matter.

Generally, personal injury encompasses any civil legal matter that revolves around injuries sustained to your physical person as a result of negligence.

There are, however, a few important differences between medical malpractice and personal injury claims. In a medical malpractice claim:

    1. The defendant must have been a healthcare provider or facility, rather than someone acting in another capacity.
    2. The breach of duty must have been in some way related to your medical care and connected to a deviation from the standard of care established by the medical community. In other words, if you came to the hospital to visit a patient and slipped and fell as you walked through a slippery hospital corridor, you may have a personal injury claim against the hospital but would not have a medical malpractice matter.
    3. In New Jersey, a medical malpractice lawyer may need to prove that your further complications or injuries, and the harms that resulted, were directly caused by the actions of your medical provider. This is also true for other types of personal injury matters, but it can be a lot more complex in a medical malpractice claim. There are many potential causes of bad medical outcomes, especially in a patient who already had medical conditions. Proving that your complications would not have happened if it hadn’t been for your doctor’s actions can be particularly challenging.

Like a personal injury, medical malpractice is a type of tort claim. Tort cases are civil legal matters that revolve around a person suffering some type of harm or loss because of another’s actions, whether those actions were negligent or intentional.

A civil matter simply means that the defendant is not facing criminal charges but rather consequences for non-criminal acts of wrongdoing. Your case will bring about a financial payout, as opposed to jail time for the defendant. You don’t necessarily have to prove that a law was broken, just that the person – in this case, a medical professional – failed to act with reasonable care to uphold a duty they owed to you.

That said, it’s possible for the defendant to face criminal charges related to your injury in a separate legal matter.

What Is a New Jersey Medical Malpractice Lawyer?

New Jersey Medical Malpractice Lawyer

A medical malpractice lawyer is an attorney who routinely handles medical malpractice claims. In fact, lawyers who handle medical malpractice claims sometimes focus their legal practice exclusively on medical negligence and other personal injury matters.

Medical malpractice lawyers are qualified to practice any area of law. They go to law school and pass the Bar Exam, just like general practice lawyers do. The difference between general practice lawyers and medical malpractice lawyers isn’t one of the qualifications to practice law, but instead one of experience.

Successfully resolving a New Jersey medical malpractice claim takes more than you learn in law school. It requires developing a deeper level of familiarity with this branch of law and with the strategies and practices that achieve a favorable resolution. Winning your medical malpractice matter means understanding medical negligence – negligent actions unique to the practice of healthcare providers – and how to present compelling arguments on behalf of the patient.

You gain these proficiencies through experience. Due to the complexity of this area of law and the expense of pursuing medical negligence claims in New Jersey, attorneys who have a track record of achieving results for their clients may decide to handle med mal and personal injury matters exclusively.

Types of Medical Malpractice

Medical errors take many forms. Over decades of handling misdiagnosis and surgical malpractice cases, over-prescription claims, medical device error claims, and other matters of medical negligence, our trial attorneys have developed a breadth and depth of experience handling matters like yours. We can draw on this experience to get you the results you deserve.

What Is Considered Medical Malpractice?

Does your situation fall under medical malpractice? That depends on a lot of factors and details that an attorney would need to examine carefully. Every medical negligence claim is unique, with different negligent parties, deviations from the standard of care, and outcomes.

Examples of medical malpractice can include:

Medical Malpractice Failure to Diagnose Cases

Diagnostic failures are one of the most common types of claims involving medical malpractice. After all, if your medical condition isn’t diagnosed correctly, how can it possibly be treated correctly?

Experienced attorneys who handle medical malpractice know the differences between distinct types of failure to diagnose cases, such as:


Incorrectly diagnosing you with a different medical condition than the one you actually have. Misdiagnosis is particularly dangerous because your actual medical condition isn’t being addressed and you may be receiving unnecessary and harmful treatments for a condition you never had in the first place.

A prompt and accurate diagnosis is the first step to treating any medical issue. When the diagnosis is delayed or just plain wrong, the condition may progress to something more serious that is harder to treat effectively.

Doctors and other healthcare providers may make a few different kinds of erroneous diagnoses. A misdiagnosis occurs when a doctor arrives at the wrong diagnosis and, potentially, begins treatment for a condition you don’t actually have. In a missed diagnosis, a physician may dismiss your symptoms entirely and neglect to treat them. A delayed diagnosis occurs when, instead of diagnosing and treating your issue promptly, doctors delay reaching a diagnosis or formulating a treatment plan.

Missed diagnosis

In a missed diagnosis, your doctor fails to assign any diagnosis to your symptoms or complaints. Perhaps the doctor brushes off your complaints as “normal” consequences of getting older, pregnancy, or physical labor or activity, without offering any real treatment option. Your doctor might also dismiss valid health concerns as “anxiety,” often without addressing the problem. In some instances, there’s an overlap between misdiagnoses and missed diagnoses.

Delayed diagnosis

In the case of a delayed diagnosis, your actual medical condition is missed or misdiagnosed initially. By the time you receive the right diagnosis – whether because you sought a second opinion or because you continued asking the dismissive doctor about it until the right tests were finally performed – your condition was worse.

The delay in finding out your medical condition allowed further damage to occur or the disease to progress to a more advanced stage. Delayed diagnosis cases usually involve a worsened prognosis. The patient may need to undergo more invasive and expensive medical treatments than would likely be necessary if diagnosed early.

In some particularly tragic circumstances, the delay has allowed the illness to progress to a terminal stage that modern medicine is not advanced enough to treat effectively.

The Causes of Diagnosis Errors

medical malpractice lawyers

Diagnosing a patient’s medical condition accurately isn’t always easy. However, doctors undergo lengthy education and training to become proficient in this crucial part of the practice of medicine.

Often, doctors who are facing allegations of medical malpractice for misdiagnosis have failed – in one or more ways – to uphold the standard of care set by the medical community.

Some of the most common causes of misdiagnosis and other diagnostic errors are:

  • Failing to listen to a patient’s concerns and symptoms
  • Failing to perform an appropriate physical exam
  • Failing to examine the patient’s relevant medical history
  • Failing to recognize symptoms
  • Failing to order the right diagnostic tests or screenings as indicated by the patient’s symptoms, medical history, and risk factors
  • Misreading or misinterpreting test results, including X-ray films
  • Ignoring or otherwise failing to review the results of completed diagnostic tests
  • Failing to follow up with the patient when a test result shows abnormal, suspicious, or concerning findings

A failure to diagnose attorney can determine what your provider could or should have done differently. It costs you nothing to have us examine your full medical history and the records of your interactions with the negligent doctor and to consult a medical expert in a relevant field about the unique circumstances of your claim.

Failure to Diagnose Cancer Lawsuits

A particularly devastating area of medical malpractice misdiagnosis claims is medical negligence. For most types of cancer, early detection and treatment are key to surviving or having the best possible prognosis.

That’s the reason why cancer survival rates are distinguished by stage. Treatments for early-stage, localized tumors are far more effective than those attempting to treat metastasized cancers that have spread to distant regions of the body. Any significant delay in getting an accurate diagnosis and commencing treatment may allow cancers to grow and spread, reducing the chance of a positive outcome.

Some of the types of cancers that commonly go misdiagnosed include:

  • Lymphoma (the “most misdiagnosed cancer,” according to Boston Magazine)
  • Lung cancer
  • Brain tumors
  • Colon cancer
  • Skin cancer
  • Breast cancer
  • Ovarian cancer
  • Prostate cancer

If you were diagnosed with any form of late-stage cancer and wonder if your doctor should have caught it earlier, you need to consult a failure to diagnose cancer attorney.

We can delve deep into your medical chart and history and, with the help of medical experts in the field, determine whether your doctor strayed from the standard of care by brushing off a telling symptom or neglecting to order the test that would have resulted in early detection.

A failure to diagnose cancer claim could remove any financial barriers to accessing the best treatment and ease the financial burden your family is facing.

Cancer Misdiagnosis

You may also have a medical claim if you were misdiagnosed with a cancer you didn’t have, if you suffered measurable harm due to this diagnostic error. Undergoing radiation, chemotherapy, invasive surgeries, and other cancer treatments unnecessarily can raise your risk of developing cancer in the future and cause you very real physical, emotional, and financial harm. An unnecessary treatment attorney may be able to help you understand your legal rights and options.

Other Commonly Misdiagnosed Medical Conditions

Cancers are far from the only types of medical conditions that go undiagnosed. The failure to diagnose any illness could potentially be the grounds for a medical malpractice claim if the delay in getting the right treatment harmed your health in a significant way.

Our NJ misdiagnosis/delayed diagnosis attorneys are familiar with the challenges of claims involving the following types of diagnostic errors:

  • Heart attack misdiagnosis
  • Stroke misdiagnosis
  • Misdiagnosis of diabetes
  • Medical malpractice involving ectopic pregnancy misdiagnosis
  • Misdiagnosis of serious infections, such as sepsis
  • Appendicitis misdiagnosis
  • Misdiagnosis of hemochromatosis, a blood disease that results in a dangerous buildup of iron that can lead to organ damage and may be life-threatening
  • Misdiagnosis of vascular diseases, such as peripheral artery disease (PAD) or central nervous system (CNS) vasculitis

If you believe you were the victim of a missed or delayed diagnosis of any serious medical condition, the time to take action is now.

Treatment Errors and Medical Malpractice Claims

NJ Medical Malpractice Lawyers

Diagnosing a medical condition correctly is important, but an accurate diagnosis alone isn’t enough to make things better. Doctors who make errors treating their patients’ medical conditions – which can happen in any number of ways – can do more harm than good.

Incorrect treatment of a medical condition may include:

  • Mistakes in prescribing or administering pharmaceutical medications
  • Mistakes performing surgeries and other interventional procedures
  • Choosing a treatment method that deviates significantly from the standard of care set by the medical community as a whole

If their treatment mistakes cause additional problems or complications, healthcare professionals may face consequences in the form of a medical malpractice lawsuit.

Surgical Errors and Medical Malpractice Claims

One particularly alarming form of treatment error is surgical errors. Surgeries, operations that allow physicians to intervene in and manipulate the inside of the body, can leave patients vulnerable to substantial harm if their providers are not cautious.

Healthcare and medical professionals may commit surgical errors in many different ways, including:

Postoperative Negligence Medical Malpractice Claims

Not all matters of surgical malpractice occur while you’re on the operating table. In many ways, postoperative negligence can be just as devastating as a slip-up during surgery.

Postoperative negligence encompasses any deviation from the standard of care that occurs during the period following surgery, in which the patient should be monitored. These scenarios can include:

A lot can go wrong when a patient’s healthcare team fails them during the postoperative period. Some of the complications our New Jersey medical malpractice lawyers have encountered due to postoperative surgical negligence include:

A variety of infections of various types may occur following surgery, including:

Infections aren’t always a clear sign of surgical error negligence, but they can indicate unsanitary conditions or, at times, inadequate monitoring of the patient. If you feel that your infection may have resulted from a healthcare professional’s negligence or that it wasn’t caught and addressed in a timely manner, it’s worth seeking a medical malpractice free consultation with an attorney.

Preoperative Negligence

It’s also possible for patients to pursue a claim for preoperative negligence if their medical providers did not adequately prepare them for surgery. For example, if your doctors, nurses, and other members of your healthcare team failed to take a pre-operative assessment and physical exam, this could be a factor in negative outcomes like administering too much or too little anesthesia.

Surgical errors can occur in hospitals or in ambulatory surgical centers. Both inpatient and outpatient surgeries may allow opportunities for malpractice to happen.

Just a few examples of instances in which you might need to contact a surgical errors attorney include:

  • If you underwent a botched gastric bypass surgery
  • If your surgeon accidentally cut your bile ducts during a gallbladder removal surgery
  • If a physician’s careless scalpel techniques during knee surgery left you with permanent nerve damage

Medical Negligence and Medication Errors

Pharmaceutical medications are widely used in the practice of medicine, but virtually all drugs carry some risks and potential side effects. A healthcare professional who is careless in prescribing or administering medications could pose a serious threat to their patient, causing long-term and catastrophic injuries, addiction, or deadly drug interactions or overdoses.

Medication error malpractice encompasses deviations from the standard of care.

A prescription error doesn’t always cause the level of harm that rises to the grounds for a med mal case. When medication errors do result in a malpractice lawsuit, it’s usually because the mistake led to severe harm.

Opioid Prescription Lawsuits

Too much of any medication has the potential for harm, but for powerful painkillers called opioids, that danger is particularly pronounced. Opioids are medications that belong to the same class of drugs as the illegal drug heroin and affect the body in much the same way as this illicit substance.

Opioids have a known potential for addiction and dependence and may be fatal if an overdose occurs. A doctor may contribute to these risks through negligent behaviors like the following:

  • Prescribing opioids for inappropriate medical conditions
  • Prescribing opioids as the first-line treatment for chronic pain, rather than exploring more suitable long-term solutions like physical therapy
  • Prescribing opioids intended to treat acute pain for long-term use
  • Prescribing opioids at exceptionally high dosages that contribute to or cause addiction or overdose
  • Continuing to negligently prescribe opioids even if a patient is showing signs of addiction, rather than responsibly getting the patient appropriate help for a substance use disorder

If you believe you or a loved one may have been over-prescribed opioids by a doctor, it’s important to get medical and legal help right away. An opioid-related medical malpractice attorney may be able to help if addiction or overdose has occurred. If you realize the danger in time to prevent a tragedy, you may be able to get help exploring your options for getting appropriate treatment for your loved one before it’s too late, as well as holding a doctor accountable.

Anesthesia Errors

The medications used to induce numbness and loss of consciousness during a medical procedure are known as anesthetics or anesthesia.

These drugs are crucial to allowing doctors to perform procedures and keeping patients comfortable during what would otherwise be a painful medical intervention. Used incorrectly or without appropriate caution, though, anesthesia can be very dangerous.

Too little anesthesia could leave a patient in the nightmarish situation of feeling everything during surgery but being unable to communicate, a traumatic experience that can understandably cause patients to develop symptoms of post-traumatic stress disorder. Too much anesthesia could, at an extreme level, lead to oxygen deprivation and brain damage, which may be fatal. Additionally, giving a patient the wrong medication—such as an anesthetic agent that they are allergic to—can also cause them to suffer serious harm.

Bad responses to anesthesia don’t always constitute malpractice. However, serious negative outcomes from anesthesia are rare when providers adhere to the standard of care, taking steps such as carefully examining the patient, taking their complete medical history, and monitoring their vital signs during the procedure and postoperative recovery.

Some of the negligent actions that may lead to anesthesia accidents include:

Any of these serious mistakes could put the patient in danger. An overdose of anesthesia can lead to severe brain damage or death. If too little anesthesia is used, the painful experience of being awake during surgery can be traumatic enough to lead to debilitating mental health conditions like post-traumatic stress disorder (PTSD).

The stress of anesthesia itself can also lead to strokes, heart attacks, and other serious medical events, particularly in patients with certain risk factors. That’s one important reason why the healthcare practitioners attending to an anesthetized patient need to be fully aware of the patient’s health history, allergies, pre-surgical testing results, and other risk factors.

Who Can You Sue for an Anesthesia Error?

Specialized doctors called anesthesiologists and Certified Registered Nurse Anesthetists (CRNAs) are the healthcare professionals most qualified to administer anesthesia. Your care team may also include an anesthesia assistant. Physicians who do not specialize in anesthesiology may also administer anesthetics.

If any of these care providers or other healthcare practitioners on your surgical team contribute to an anesthesia accident, you may have the right to sue that professional for the harm they’ve caused you. The hospital or outpatient surgery center may also be liable for the medical error. An anesthesia malpractice attorney can identify all possible defendants in your medical negligence claim and sort out precisely how each party contributed to the accident.

Medical Malpractice Birth Injury Claims

Albert Einstein Medical Center | Console & Associates P.C. Medical Malpractice Lawyers

Birth-related injuries are injuries suffered during the birth of a child.

Pregnancy, delivery, and the postpartum and neonatal periods can be fraught with complications and risks for both mother and baby. When a doctor fails to detect and take appropriate action for these complications or acts negligently during delivery, it can result in birth injuries that change the course of the newborn’s life, as well as the future of their family.

Some examples of medical malpractice in birth injuries include:

  • Neglecting to test for or treat maternal infections during pregnancy
  • Failing to order or to correctly interpret the results of prenatal testing, including obstetric ultrasound studies and blood and urine tests
  • Failing to diagnose or take appropriate actions to treat pregnancy complications like pre-eclampsia, a serious disease that can threaten the lives of mother and baby
  • Making medication errors during labor or preparation for a surgical birth, during delivery, or after delivery
  • Delaying or failing to order or perform a Cesarean section when necessary
  • Failing to perform a C-section procedure correctly, causing injuries to the mother’s organs or bones, lacerations to the baby, and other injuries
  • Improperly using, or failing to use, childbirth tools such as vacuums and forceps when the use of such tools is indicated
  • Applying so much force during the delivery of the child that the baby suffers injuries as a result

Obstetrical malpractice, like these and other forms of medical negligence, can have serious consequences. A newborn who suffers brachial plexus injuries – such as Erb’s palsy – due to medical malpractice committed during delivery may need months of physical therapy. Some infants may even have to undergo surgery. If the medical error led to oxygen deprivation and an anoxic brain injury, the baby could have severe, lifelong physical and cognitive deficiencies.

In the case of some serious birth defects, parents may have the right to pursue a wrongful birth case against a medical practitioner for failure to diagnose genetic conditions. Families sometimes pursue a case of this nature to seek compensation for the lifelong, round-the-clock care the child will require as well as the pain and suffering the child – and their family – has been forced to undergo as a result of the doctor’s deviation from the standard of care.

When a medical mistake strips away the joy that should have accompanied the birth of a child, it’s time to consult with a birth injury attorney. Your lawyer will be an advocate for your child, helping your family get the compensation and access to care that can be instrumental in reaching the best possible medical improvement and quality of life.

Cerebral Palsy Medical Malpractice Claims

Cerebral palsy, the most common childhood motor disability, isn’t always caused by medical malpractice. When it is, however, the consequences can be devastating.

Just over half of children with cerebral palsy will ever walk independently, and nearly one-third of children with this condition have limited or no walking ability, according to the Centers for Disease Control and Prevention (CDC). Parents often worry about the future of their children with cerebral palsy, and they have good reason to be apprehensive. The lifetime cost of care for a person with cerebral palsy is nearly $1 million, the CDC reported.

Emergency Room Errors

Emergencies occur every day in the United States, with 139 million ER visits reported during 2017, according to the CDC. Mistakes made in these high-stakes circumstances, when patients may well be facing life-or-death medical events, can have particularly dire consequences.

Emergency room delays and mistakes can include failures like the following:

  • Neglecting to recognize the severity of symptoms and keeping patients with urgent medical conditions waiting while their conditions worsen
  • Misdiagnosing a serious condition, such as a stroke, blood clot or pulmonary embolism, aneurysm, appendicitis, and the cardiac problems that indicate an impending heart attack
  • Failing to order appropriate tests based on a patient’s symptoms, medical history, and risk factors
  • Misinterpreting test results and misreading or ignoring medical charts
  • Making mistakes in prescribing or administering medications
  • Neglecting to adequately monitor patients and check for signs of infection after treatment is given
  • Negligently giving blood transfusions unsafely, can put the patient in even greater danger

Although emergency departments can be hectic and fast-paced environments, there’s no room or excuse for negligence in these settings. Emergency room errors that result from a healthcare professional deviating from the standard of care may lay the grounds for a med mal lawsuit.

Despite the challenges, the physicians and other healthcare professionals who work in an Emergency Room must adhere to the standard of care. That means they can’t ignore complaints of symptoms that could indicate a serious problem or allow patients’ conditions to deteriorate while they wait to be seen. A misdiagnosis or delayed diagnosis that would not have happened had the ER physicians and other providers adhered to the standard of care may also prompt a medical malpractice lawsuit.

Dealing with emergency room bills and the costs of follow-up appointments is enough to worry about financially as it is. You can get no-win, no-fee assistance from experienced emergency room malpractice attorneys to better understand your options and legal rights.

Medical Malpractice Hospital Claims

Many instances of medical malpractice take place in hospitals. These medical facilities hold massive numbers of patients. Their providers often work long shifts, including overnight hours, which can contribute to drowsiness. Patients often come to the hospital for treatment for severe conditions as well as for surgical procedures, which makes them more vulnerable to types of malpractice like surgical errors, anesthesia errors, and medication errors.

It’s often difficult for a patient to know if malpractice occurred at a hospital or figure out how to hold the hospital and its staff accountable. Fortunately, a hospital negligence attorney can handle the monumental task of identifying all of the providers and medical facilities that acted negligently and how they strayed from the standard of care. It costs you nothing to speak to an attorney for medical malpractice hospital errors about your legal rights and options.

What Kinds of Medical Facilities Can You Sue for Hospital Malpractice?

All medical facilities, as well as individual practitioners, are responsible for providing patient care that meets the standard of care. You may be able to move forward with a lawsuit against a variety of types of hospitals and medical facilities, including:

  • General medical and surgical hospitals
  • Specialty hospitals (psychiatric hospitals, eye hospitals, and more)
  • Children’s hospitals
  • Acute care hospitals
  • Rehabilitation hospitals
  • Teaching hospitals and university healthcare systems
  • Government hospitals
  • Military hospitals
  • Private hospitals
  • Religiously affiliated hospitals
  • Non-profit hospitals
  • For-profit hospitals
  • Nursing homes and long-term care facilities

Suing a hospital doesn’t negate your doctor’s accountability for malpractice. However, it allows you to hold responsible for your injuries both the individual healthcare professional (or more than one) and the health system that contributed to and enabled their negligence.

Nursing Home Medical Malpractice and Neglect

Nursing home abuse and neglect is a significant problem in the United States. Not all instances of elder abuse and neglect in nursing homes constitute medical negligence. However, nursing home negligence can be considered malpractice in situations like the following:

  • Failing to provide medical care from a qualified physician, nurse, or another healthcare professional
  • Neglecting patients, including ignoring their medical problems or complaints and failing to administer medications at the appropriate time
  • Giving a patient the wrong medication or wrong dosage of their medication, or failing to adhere to the appropriate dosing schedule
  • Administering medications that interact dangerously with each other or are contraindicated
  • Failing to take reasonable steps to prevent the spread of infectious diseases

A nursing home abuse attorney can determine if neglect occurred, if it rises to the level of malpractice, and what options you have for protecting your family member from further harm and for securing compensation.

Laboratory Errors & Mistakes

When you think of medical malpractice, you probably imagine a claim against a doctor you’ve seen face-to-face, often over some length of time. Medical negligence cases involving laboratory errors may mean suing a provider you haven’t even met – but whose job was crucial to diagnosing your medical conditions or checking for changes in your health. Laboratory errors include:

  • Conducting the wrong diagnostic test, which prevents you from receiving the proper diagnosis
  • Using defective testing tools and procedures that alter the accuracy of test results
  • Allowing unhygienic or unsanitary conditions to contaminate specimens to be tested
  • Waiting too long to perform testing or improperly storing specimens, so test results are inaccurate
  • Mixing up or mislabeling specimens so that the patient may not get the right results

Suing a facility or provider for laboratory errors and mistakes requires evidence not only of the laboratory’s negligence but also of the real, measurable harm you suffered as a result.

Malpractice Claims Involving Medical Device Errors

Hospital of the University of Pennsylvania Medical Malpractice | Console & Associates P.C.

Defective medical products commonly lead to claims against the manufacturers of those devices. However, there are times when you may have the grounds for a claim against your doctor or another healthcare professional. These instances include:

  • Misuse of the device by any healthcare professional
  • Errors made when a provider was attempting to operate a medical device with inadequate training or knowledge of the proper use of that device
  • Using a device despite knowing it was faulty or malfunctioning

The reason medical devices fail to work correctly isn’t always dangerously defective design or manufacturing. Sometimes the medical device failures that leave patients seriously injured result from user error on the part of the healthcare worker. The more complex and necessary the medical equipment is—such as a ventilator that sustains the life of a patient who can’t breathe on their own—the greater the risk of a device error causing serious harm. Medical negligence lawsuits that involve mishandling medical equipment and devices may involve other parties besides physicians, including home health aides, nursing assistants, and nurses.

This isn’t an exhaustive list of all of the ways healthcare providers can deviate from the standard of care to the detriment of their patients. If your situation doesn’t fit into one of these categories but you still suspect that medical negligence may have occurred, it’s time to speak to a medical malpractice law firm directly (at no charge) about your claim.

A mistake with a medical device can have catastrophic consequences. For example, if a home health aide negligently handles ventilator equipment, a patient who depends on that machine could go without oxygen long enough to sustain a life-threatening anoxic brain injury.

A medical equipment failure attorney can help you get to the bottom of what happened and who is really to blame for a serious injury involving a medical device.

Medical Malpractice Claims Involving Negligent Omissions

You may have noticed that a lot of instances of medical negligence involve what doctors fail to do, rather than what they do. These failures may occur in any type of healthcare setting or medical specialty. Sometimes referred to as negligent omissions, the types of failures that can constitute medical negligence may include:

  • Failing to monitor a patient before, during, and after treatment or testing
  • Failing to consider a patient’s medical history, including risk factors and allergy information, in the testing and treatment of a patient
  • Failing to listen to the patient’s complaints and recognize symptoms of medical conditions
  • Failing to order or perform the necessary diagnostic testing, like bloodwork or a biopsy, to reach an accurate diagnosis
  • Failing to accurately interpret test results or follow up with the patient about concerning results and their diagnosis
  • Failing to diagnose or treat a patient appropriately
  • Failing to refer a patient to an appropriate specialist for treatment when needed
  • Failing to keep all medical tools sterilized to prevent the spread of diseases and infections
  • Failing to provide appropriate stabilizing care before discharging patients, often called “patient dumping” and done because of a patient’s known or perceived inability to pay for care

Any omission that constitutes a deviation from the standard of care could potentially be the grounds for a medical malpractice claim – from allowing a patient to fall out of bed to the failure of staff at a psychiatric hospital to prevent suicide.

If you believe some form of negligent omission played a part in your or your loved one’s negative health outcome, medical malpractice and hospital negligence lawyer can unravel the complicated strands of liability.

Medical Malpractice Claims for Unnecessary Treatment

Healthcare professionals can also face consequences when they stray from the standard of care by doing too much. The proverb “better safe than sorry” doesn’t apply when the unnecessary treatment itself causes substantial harm to a patient.

Some of the ways unnecessary treatment can amount to medical malpractice include:

  • Unnecessary surgery leaves the patient with functional losses, a disfigured appearance, a difficult recovery, or a diminished quality of life.
  • Radiation, chemotherapy, or other brutal forms of treatment for cancer that the patient turns out not to have had in the first place.
  • Unnecessary tracheotomies, can result in damage to the windpipe, esophagus, and voice box, as well as permanent scarring.

According to ProPublica.org, more than 600,000 patients underwent unnecessary medical treatments in just one year.

You don’t need an unnecessary surgery attorney if your doctor ordered reasonable testing or treatments that may not have been strictly necessary but didn’t cause any harm. It’s when these unnecessary treatments have put you through considerable pain and suffering, caused you physical damage in your range of motion or sensation, made you vulnerable to new health risks, or otherwise impacted your health in a serious way that true malpractice occurred.

Medical Malpractice and Patient Consent Issues

As a patient, you have rights. Your doctor isn’t automatically above question or reproach merely because they have a medical license. In certain instances, it’s possible for a patient to sue their doctor over issues of consent.

In ordinary situations, your doctor should get informed consent from you prior to administering a test or procedure. The best doctors communicate clearly and honestly with their patients. They cover the benefits and risks and work with the patient to make choices that are reasonable for the unique situation. They respect their patients’ decisions and concerns.

The problem is that other doctors don’t respect patients’ wishes or their consent. Situations in which consent issues are considered a form of medical malpractice include:

  • A healthcare professional failing to take reasonable actions to acquire the patient’s consent.
  • A provider failing to make the patient fully aware of risks and other details that might change whether they agree to the procedure, to coerce consent from an uninformed patient.
  • Disregarding matters of consent by going against a patient’s direct wishes.

There are certain instances, such as medical emergencies, when getting the consent of a patient – or even their family – isn’t possible. Doctors may need to take action immediately to save a patients’ life, limb, or function.

However, there’s a massive difference between situations so urgent that doctors can’t waste precious minutes trying to get a patient’s consent and the arrogant physicians that routinely stomp on their patients’ rights and disregard rules of consent.

Malpractice lawsuits over consent in medical procedures often arise when a complication or risk that a patient should have been informed of – but, because of the doctor’s negligence, was not – occurs and poses serious consequences. An attorney may be able to prove that your doctor deviated from the standard of care by failing to get full medical negligence from you prior to the procedure.

Specialized Areas of Medical Malpractice

Medical negligence can occur in any specialty of medicine, even ones you wouldn’t necessarily think of. Some of the specific types of medical specialties in which a doctor or other healthcare provider may commit malpractice include:

  • Cardiology malpractice
  • Chiropractic malpractice
  • Cosmetic surgery malpractice
  • Dental malpractice
  • Dermatology malpractice
  • Fertility medicine malpractice
  • Neurology malpractice
  • Obstetrics/gynecology (OB/GYN) malpractice
  • Oncology malpractice
  • Ophthalmology malpractice
  • Orthopedic malpractice
  • Pharmacist malpractice
  • Plastic surgery malpractice
  • Psychiatric malpractice

This is far from an exhaustive list of specialties in which malpractice can occur. New Jersey’s malpractice attorneys at Console & Associates are prepared to handle medical error lawsuits of all varieties. We can help you start getting answers with a free consultation.

When Overlap Occurs Between Types of Malpractice

Not all medical malpractice matters fit neatly into a single category. Some instances include negligent actions that encompass different types of mistakes and omissions. There may have been one key deviation from the standard of care or a sequence of errors that, together, allowed the negative health outcome to occur.

For example, our compartment syndrome attorneys have seen malpractice – usually in the form of a failure to diagnose this painful condition – occur in different kinds of circumstances. A case might constitute emergency room negligence if the patient comes to the ER with an injury, or it might fit into surgical malpractice if the patient developed compartment syndrome when undergoing planned orthopedic surgery. The same is true for other conditions with multiple causes, such as Complex Regional Pain Syndrome.

Similarly, a hospital malpractice claim often involves other specific types of medical negligence, like misdiagnosis, surgical error, or emergency room mistakes.

You don’t have to know precisely who was negligent, or how, when you reach out to a medical malpractice lawyer. Figuring out all relevant theories of liability and how to prove negligence on the part of every defendant is among the legal services we provide for our clients. We’ll look at the details of your unique situation from every angle to identify all possible instances of medical negligence.

Medical Malpractice and Catastrophic Injuries

NJ Medical Malpractice Lawyers

Medical errors can lead to all kinds of complications and injuries, large and small. But the types of mistakes that most commonly lead to malpractice claims are the ones that have irreversible consequences.

Often, this means a catastrophic injury, one that will have a serious and long-term or permanent impact on the patient’s life.

Medical Malpractice Resulting in Paralysis

Injuries that lead to paralysis are some of the most serious injuries you could sustain. Paralysis refers to the loss of the ability to move and, in some cases, the loss of sensation.

Paralysis may be temporary or permanent. It can be partial or complete. It may occur on only one side of your body or on both sides, as well as in different regions of the body.

Types of paralysis include:

  • Paraplegia, when only your lower limbs (your legs) are affected
  • Quadriplegia or tetraplegia, when both your upper and lower limbs (arms and legs) are affected

The Consequences of Paralysis

It’s hard to overstate the impact paralysis can have on your life. Even the smallest, most routine tasks of daily life require you to have the mobility that you lose when paralyzed. A medical error that leaves you paralyzed can steal your independence from you. Without assistance – in the form of caretakers and medical devices like wheelchairs – you can’t get around or take care of yourself.

The financial impact of paralysis can be as catastrophic as the physical impact. In the first year following your injury, you can expect to have medical expenses between $375,196 and $1,149,629, the National Spinal Cord Injury Statistical Center reported.

Every subsequent year will pose tens, if not hundreds, of thousands of dollars in medical expenses. For the least severe level of motor function, medical expenses for one year are, on average, $45,572, while medical costs for the most severe form of tetraplegia average nearly $200,000 per year.

Someone has to bear these unbearable costs, and it shouldn’t be your family – especially when your injury was someone else’s fault.

When Do You Need a Spinal Malpractice Attorney?

Medical malpractice can lead to paralysis in a variety of ways, including:

  • Birth injuries, are often due to medical mistakes made during the delivery of the baby
  • Delayed diagnosis of spinal cord abscesses or tumors that can progress to the point of causing paralysis
  • Failure to diagnose a stroke or stroke risk factors
  • Surgical errors that cause damage to the spinal cord, the brain, or the surrounding areas
  • Errors administering anesthesia

Your healthcare providers may not admit to you that malpractice is what caused you to become paralyzed. But, when paralysis isn’t the result of an accident or similar injury but instead occurred after a medical procedure or as a result of a medical condition that you suspect was misdiagnosed, you may have a claim.

A paralysis attorney can help you understand your legal rights and options and draw from our knowledge of working with paralyzed claimants to make sure your claim for compensation covers all of your current and future expenses.

Medical Errors and Brain Injuries

Brain Injuries can have a devastating impact on physical and cognitive function. Much like injuries that cause paralysis, brain injuries can impact your mobility and your independence. They can also affect your memory, your ability to communicate, and even your personality.

Medical malpractice can lead to both anoxic brain injuries – damage that occurs to the brain due to a lack of oxygen – and traumatic brain injuries.

Some of the different types of malpractice that can lead to a brain injury include:

  • A birth injury that deprives the baby of oxygen
  • Neglecting to intubate a patient under anesthesia
  • Surgical errors that lead to damage to the brain
  • Misdiagnosis of a serious medical event or condition – like heart attack, stroke, or a brain tumor – that progresses to cause brain damage
  • Errors with anesthesia or medication, including overdoses and over-prescription
  • Mismanagement of an infection

When a healthcare professional’s mistake leads to a brain injury, the results can be debilitating, if not deadly.

The Impact of a Brain Injury

Survivors of a severe traumatic or anoxic brain injury may require round-the-clock care. Even when a brain injury is relatively mild, it may have a significant impact on your life. Brain injury survivors may need medications, surgery, and physical, occupational, cognitive, and speech therapy to reach their maximum level of improvement. Even then, they may still experience some deficiencies in functioning.

Some brain injury survivors are ultimately able to care for themselves independently, but they may need the use of some assistive technologies, medical devices, and cognitive strategies to adjust to the new normal that is life after a brain injury. For other brain injury survivors, life can feel like a shell of what it once was, and they may need help with even the most basic of tasks.

If you believe that medical negligence is the reason you or your loved one suffered a brain injury, a free case evaluation can help you get answers and get the ball rolling on your malpractice claim. A brain injury isn’t the kind of harm you can just “bounce back” from, and it’s crucial that the practitioners who caused this injury to face the consequences.

Limb Loss Due to Medical Negligence

In some particularly drastic instances of malpractice, a patient may lose a limb due to the healthcare professional’s mistakes.

This kind of loss can change your life forever. You deserve a medical malpractice payout that fully compensates you for all of your struggles as an amputee.

Limb loss that arises from malpractice is often due to a medical error that leads to a preventable amputation. This situation can occur in many different ways, including:

  • Failure to diagnose a blood clot, which may result from an injury, occur after a surgical procedure or develop during the time the patient is in the hospital on bed rest
  • Delays in diagnosing gangrene – the death of body tissues – or the infections and decreases in blood flow that can lead to tissue death
  • The use of unsanitary conditions or unsterilized medical equipment, puts the patient at risk of infection
  • Mismanagement of infections, allowing them to fester and progress so that they caused further tissue damage
  • Mismanagement of chronic conditions like diabetes, which over time may cause so much damage to limbs that they necessitate amputation
  • Botched surgical procedures that cause irreparable harm to the patient’s limb
  • Accidentally removing a healthy limb in a wrong-patient or wrong-site surgery

Medical errors that result in limb loss can be as dramatic as waking from surgery to the horror of learning that your healthy limb has been amputated. They can also be far more subtle and difficult to detect.

Simply put, if you were surprised by the need for amputation and wonder if your doctor could have done more to prevent the loss of your limb, you need to speak to an amputation medical malpractice attorney. That’s the only way you will get answers to your questions about what happened and what to do next.

Other Types of Catastrophic Injuries

Catastrophic injuries can also refer to:

  • Damage to internal organs, such as perforations made during a surgical procedure
  • Severe burns sometimes sustained on the operating table due to medical device errors and misuse of equipment
  • Loss of vision, which can result from botched eye surgery, mishandling of an infection, or a delay in diagnosing conditions that can result in vision loss as they progress

These types of catastrophic injuries are among the harms our New Jersey medical malpractice lawyers encounter most often, but this isn’t an exhaustive list of the injuries for which you could seek compensation.

Anytime you have an injury that you suspect resulted from malpractice and that has had a significant negative influence on your life – physically, emotionally, or financially – you owe it to yourself to find out your legal options.

Taking advantage of a free case evaluation can help you understand what happened and what to do next. The worst that can happen is that you find out (at no cost) that your claim would cost more to pursue than you would be able to get for it based on your damages.

Suing for Medical Malpractice Wrongful Death Cases

New Jersey Medical Malpractice Lawyers

Instances of medical malpractice resulting in death are, unfortunately, all too common in the United States. If you believe that a doctor or another health professional’s negligence was what cost your loved one their life, there’s a strong possibility that your suspicions could be correct.

Families who have lost a loved one to a medical error may have the right to hold the provider accountable through a medical malpractice or wrongful death lawsuit.

When suing for medical malpractice deaths, you can finally get answers to the questions you have been wondering about – like what really happened to cause your loved one’s death and why this occurred.

These answers, and ensuring that the negligent medical professional faces accountability for their actions, can often help families find some closure. The compensation your family receives can help you better cope with the financial hardships that may arise in the aftermath of a medical malpractice death.

Can You Pursue a Wrongful Death Claim for Medical Malpractice Without Autopsy?

Medical malpractice claims are complex and fact-specific. To determine if medical negligence occurred, an attorney would need to review all available information. In the case of a patient who passed away due to a negative health outcome or complications, this should include a review of a thorough autopsy performed by a qualified medical examiner.

In some instances, a family may not suspect malpractice until after some time has passed. This is completely understandable. You’re in shock over the loss of your loved one, and you trusted their doctor. But it means that, by the time you start to think about a medical malpractice claim, it may be too late to have an autopsy performed.

Doctors may have told you that doing an autopsy is unnecessary or tried to deter you from proceeding with one. Whatever the case, you may be wondering now if not having an autopsy means you can’t move forward with a claim.

The answer is, honestly, that it depends on the situation. If there is enough evidence available from other sources – like your loved one’s medical records – to prove that malpractice was what led to the untimely death, you may be able to sue even without an autopsy. In other instances, no matter how compelling your theory of what occurred maybe, there’s no proof without an autopsy report.

Always be upfront when consulting an attorney about a medical negligence claim, because whether or not there’s an autopsy available may affect the viability of your case. An attorney can review the available information and let you know if they feel that the evidence for your malpractice claim is strong enough to succeed even without having an autopsy.

If not, you’re no worse off than you were before consulting an attorney, since the consultation is free, and you at least have the peace of mind that you explored all of your options.

Why New Jersey Medical Malpractice Happens

Given the heartbreaking effects of a doctor’s error, it makes sense that patients and their families often wonder why medical malpractice happens.

Doctors are highly educated in medical school and painstakingly trained in clinical practice over years of residency training. Yet medical errors are astoundingly common – so much so that as many as one-quarter of all hospital patients experience a medical error during their hospitalization, according to the New England Journal of Medicine.

The Causes of Medical Malpractice

Like the human body itself, the factors behind medical malpractice can be intricate and complex. Some of the reasons why medical errors occur include:

The fault for medical malpractice may fall squarely on one irresponsible practitioner who chose to go against the standard of care out of overconfidence, apathy, or for personal gain.

Or it may be a product of systemic failings, like a hospital system that saves money through consistent understaffing, regularly overworks its providers to the point of burnout, and has inadequate communication and record-keeping procedures.

Either way, the parties responsible for your injuries must face the consequences. Otherwise, your family will be the one to pay for their mistakes – and other families may face the same harm.

Research published in the New England Journal of Medicine shows that approximately 1 percent of all physicians accounted for 32 percent of paid medical malpractice claims. The same negligent doctors are ruining patients’ lives by committing medical errors over and over again. If you stay silent, the doctor has yet another chance to harm someone else.

Medical Malpractice Prevention

Reduce Your Risk of Medical Malpractice

How can medical malpractice be prevented? It’s a difficult conundrum to solve, precisely because there are so many types of malpractice and so many underlying causes of medical errors.

As a patient, the best step you can take to reduce the risk of becoming a medical malpractice victim is to advocate for yourself.

  • Use reliable sources to educate yourself about your medical conditions, upcoming procedures, and concerns.
  • Write down your questions for your provider, so you don’t forget to ask (and be ready to write down the answers).
  • Patients who have an allergy or medical history that could pose an urgent problem if overlooked should be sure to bring up that concern even if their provider fails to ask.
  • If something doesn’t make sense, doesn’t seem right, or isn’t fully explained to you, then ask the healthcare professional to stop and explain the situation more thoroughly. This is difficult for many patients, because it may require you to be vocal or to question your provider – something that you may not be comfortable doing. You don’t have to be aggressive or difficult, but you may need to be assertive to make sure you’re getting the care you need.
  • Consider taking a trusted friend or family member to a medical appointment with you, if you think that would better help you understand what’s happening and be prepared to advocate for yourself.
  • If you ever feel that your concerns or symptoms are being brushed off and your efforts to advocate for yourself aren’t successful, insist that your doctor note in your chart that you raised this concern and explain in their note why the doctor opted not to address it. Knowing that their refusal to listen is documented in writing may persuade a doctor to start listening, after all.

Unfortunately, these tips, while helpful, can’t prevent all instances of malpractice. In some instances, like when you’re under general anesthesia, you physically can’t advocate for yourself. And some physicians are so negligent that even a patient who advocates strongly for themselves may not be able to get through to them.

A big part of medical malpractice and prevention falls on medical facilities and healthcare systems themselves. They must take steps to:

  • Develop policies and procedures that will protect patients
  • Prevent the understaffing and provider fatigue that contributes to medical errors
  • Make clear to all employees that communication, compassion, and patient consent are required of practitioners

When Can You Sue for Medical Malpractice?

You think you may have the grounds for a medical malpractice lawsuit. You know that a negative health outcome occurred, and you have reason to suspect a medical error was involved.

But how do you know for sure if you have a med mal claim? And how do you take the next steps to move forward with your case?

Malpractice claims arise out of medical negligence. Proving legal liability for injuries that result from what you allege was an incident of medical malpractice requires you to establish certain elements:

  • A patient-doctor relationship. A doctor has certain responsibilities to their patients, so you must generally demonstrate that a patient-doctor relationship (or, if suing another type of healthcare professional, the appropriate professional relationship with the practitioner as your healthcare provider) existed. If no such relationship existed, the physician might not have had a duty to care for you in the first place.
  • A duty of care. Once you’ve established that there was a patient-doctor relationship, you can demonstrate that the medical professional owed you a duty of care to examine, diagnose, and treat you in accordance with the standard of care.
  • Breach of duty of care. One of the most challenging parts of proving negligence in a medical malpractice matter is proving the breach of duty of care. This is the part where—with the help of medical experts and, of course, your medical malpractice attorney—you present evidence that the healthcare provider you are suing deviated from the acceptable standard of care in the course of your diagnosis or treatment.
  • Another very difficult part of medical malpractice claims is establishing causation, which means that the doctor’s breach of duty of care is what caused your injuries and legal damages. If the negative medical outcome you suffered was a known risk that was equally likely to occur had your physician not made an error, you may have a hard time winning your case because you may not be able to prove the deviation from the standard of care actually caused your problems.
  • You can only pursue a claim if you suffered legal damages, such as physical injuries, financial harm in the form of medical bills and lost wages, and non-economic damages like pain and suffering and a decline in your quality of life.

Who Can Sue for Medical Malpractice?

New Jersey medical malpractice attorneys take on cases on behalf of:

  • The injured patient
  • The family of a patient who has suffered severe injuries
  • Families who have lost a loved one to medical malpractice

To have the grounds for a claim, you must have suffered substantial injuries due to the medical mistake. Those injuries must have had some amount of measurable impact on your life.

You can’t sue for a medical error – even if its occurrence is clearly documented – if it was immediately resolved without causing further harm. A surgeon may admit to making a mistake during an operation, but if that mistake was quickly and completely rectified in the OR without causing any additional complications, you likely have no case. You can’t sue for what could have happened, only what did happen.

Who Can You Sue for Medical Malpractice?

Medical malpractice is negligence committed by a healthcare professional. This provider may be a generalist or a specialist.

In some cases, medical malpractice is the result of a moment of negligence committed by someone who met a patient one time in a support role for a procedure. Other times, it’s a practitioner who had a years-long relationship caring for the patient that commits a medical error. That error may be a one-time lapse of judgment or years of failing to address an ongoing issue.

For you to have a case against a healthcare provider, that professional must have had some responsibility to you as a patient. They also must have contributed in some way to the malpractice that led to a negative health outcome.

Can You File a Malpractice Claim Against Someone Other Than a Doctor?

Most people associate medical malpractice with doctors and surgeons. But MDs and DOs are far from the only healthcare professionals who can be held accountable for a serious mistake.

Other providers and practitioners you may be able to sue for medical malpractice include:

  • Nurses
  • Physician assistants
  • Nurse practitioners
  • Health care technicians and aides (medical, nursing, home health aides, and more)
  • Pharmacists
  • Pharmacy technicians
  • Laboratory technicians and staff
  • Hospital staff
  • Nursing home staff
  • Paramedics and EMTs
  • Physical therapists and other types of therapists
  • Dentists
  • Psychiatrists
  • Optometrists
  • Chiropractors
  • Any kind of licensed medical or healthcare professional

Individuals aren’t the only possible defendants in a medical malpractice claim. You can also sue a facility, such as a:

  • Hospital
  • Outpatient medical center
  • Laboratory
  • Nursing home
  • Long-term care facility

Physician Negligence

Physicians of just about any specialty may face medical malpractice lawsuits if their negligence harms a patient.

Some of the types of doctors who may be sued for medical negligence include:

  • Family doctor
  • Primary care provider
  • Emergency room doctor
  • Cardiologist
  • Anesthesiologist
  • Obstetrician/gynecologist
  • Orthopedic surgeon
  • Oncologist
  • Neurologist
  • Radiologist
  • Ophthalmologist
  • Dermatologist
  • Plastic surgeon

Medical malpractice for physicians is so much more common because doctors are the ones with the primary responsibility for a patient. However, plenty of claims involve other healthcare professionals, such as nurses and physician assistants.

Nursing Negligence

Nursing is a demanding job, and a small mistake could have disastrous consequences.

Registered nurses may face malpractice claims for their roles in matters of improper or excessive medication, such as when a doctor prescribed the correct medication and dosage but the nurse failed to administer it correctly. Medical malpractice for nurses may also focus on preventable hospital infections, injection site injuries, or neglect that leaves a hospitalized patient dehydrated or malnourished.

Medical malpractice for nurse practitioners may look more similar to claims against physicians. Nurse practitioners are a type of advanced practice registered nurse. A nurse practitioner may be authorized to work independently of a doctor and to be the provider of primary or specialty medical care, prescribe treatments and medication, and order diagnostic tests. The expanded scope of work for a nurse practitioner allows for more potential for medical errors that could have serious consequences.

Medical Malpractice for Physician Assistants

NJ Medical Malpractice Lawyers

Physician assistants, sometimes called PAs, practice medicine under the supervision of a physician and in a more limited scope compared to doctors. Like nurse practitioners in many states, PAs are usually authorized to write prescriptions, order and interpret test results, and provide treatment for medical conditions.

Many of the clinical tasks a PA performs are similar to that of a doctor. As a result, medical errors made during these tasks can leave a physician assistant facing a medical negligence claim. Because the PA’s supervising doctor is also responsible for the patient, a medical mistake committed by a PA may result in a claim against both practitioners.

Can I Bring a Lawsuit Against More Than One Medical Practitioner as a Result of the Same Injury?

If you believe multiple healthcare professionals played a role in the negligence that harmed you, then you have the right to hold accountable every one of those practitioners.

You could file suit against any combination of individual providers and healthcare facilities that makes sense for your claim. You could also sue just one provider if you believe this individual alone was responsible for the harm you suffered.

Figuring out which parties involved in your medical care acted negligently, and in what ways, is part of your attorney’s job. Medical situations are often complicated. You may not know exactly who made a mistake.

In some cases, you may have met a provider only once, or they may have been involved in your treatment only while you were unconscious during surgery. If you saw a PA instead of their supervising doctor, or a resident who spoke with the on-call attending doctor over the phone, you may have never even met some of the possible defendants in your claim. What’s important is that your medical malpractice and negligence lawyers can establish that the provider had some duty of care to you as a patient.

Your medical malpractice law firm should meticulously review all of your medical records related to your suspected malpractice. Any party who may have been involved in the negligence that harmed you should be named as a potential defendant in your med mal lawsuit.

Do You Have a New Jersey Medical Malpractice Case?

When is a healthcare provider liable? To have a valid New Jersey medical malpractice claim, you must establish the following elements of a medical negligence case:

  • The existence of a patient/doctor or patient/provider relationship establishes that the healthcare professional owes you a duty of care. Since doctors and other practitioners automatically owe their patients a duty of care, it’s this relationship that is the primary point that must be proven.
  • The deviation from the standard of care constitutes negligence, or a breach of this duty. Deviating from the standard of care may encompass any instance of doing, or failing to do, something that reasonable members of the medical community would do and would consider within the accepted standards of the medical community.
  • Causation, or that your provider’s breach of the duty of care they owed to you was what caused your physical injuries and the other harms – physical, emotional, and financial – that resulted.

When pursuing medical malpractice and negligence cases in New Jersey, your attorney must be able to show a clear, direct connection between the negligence and the damages you suffered. If a defendant can make a compelling argument that the complication you developed may have happened even if they hadn’t been negligent, that may be enough to prevent you from getting compensation.

How Can I Prove That My Doctor Deviated From the Standard of Care?

Determining whether a provider fell short of the standard of care is challenging. That’s because, as a patient, you don’t have the medical background needed to know precisely what practices are considered in line with the standards widely considered acceptable within the medical community.

Even experienced medical malpractice lawyers in New Jersey aren’t qualified to determine, themselves, whether a deviation from the standard of care occurred. (However, after more than two decades of handling med-mal claims, we certainly can recognize which situations could potentially involve a failure to meet the standard of care.) It takes another member of that medical community that sets these standards – in other words, another doctor or healthcare professional – to provide their expert opinion on whether the defendant’s actions or omissions amounted to a deviation from these standards.

The services of medical experts are crucial in proving medical malpractice cases. When Console & Associates, NJ’s trusted team for complex medical malpractice claims, first examine a case, we identify which specialties of medicine are most relevant to your matter. We might bring in medical experts who specialize in the same branch of medicine as the potential defendant. If it’s suspected that the doctor was negligently practicing outside of their scope of practice, we might also enlist the services of a medical expert in a specialization that should have been involved in your care.

Medical experts draw on their vast knowledge of medicine, along with their professional credentials, to communicate – via written opinions or verbal testimony – precisely when, where, and how deviations from the accepted standard of care occurred based on the patient’s medical records. The findings of these medical experts are among the strongest forms of evidence you will find in a medical malpractice lawsuit.

Beyond Negligence

Sometimes negligence isn’t enough. One of the things both patients and lawyers find most frustrating about medical malpractice claims is that you could meet all of these medical malpractice guidelines, but it doesn’t mean you can sue.

Even when a doctor has been negligent and there’s enough proof of that negligence that expert witnesses would agree, there isn’t always a case. Medical malpractice without injury – or at least, without significant, permanent injury – may be the grounds for an official complaint filed with state regulators, but it may not be sufficient to sue for.

Besides medical negligence, a successful medical malpractice claim hinges on having damages that are clearly caused by the mistake and are clearly significant. If your injuries weren’t permanent, if they didn’t change your life forever, then you might not be able to bring a claim – even if they put your life at risk.

See, the law doesn’t allow you to sue for what could have happened, only what did happen – a fact that understandably seems unfair to victims who underwent pain, suffering, stress, and fear. Almost dying, spending days in intensive care, needing additional surgery – most of us think these consequences are serious, but without additional damages, they aren’t always enough to warrant a medical malpractice claim.

Sometimes doctors fail to meet the standard of care and their patients suffer because of it, but there’s still no way for these patients to get compensation because their damages aren’t significant enough to outweigh the tremendous cost and burden of bringing a claim.

That’s why, apart from negligence, the most important element that must be proven in a medical malpractice case is damages.

Medical Malpractice Damages

When you work with a skilled New Jersey medical malpractice attorney team, you’re going to hear the word damages. This is the legal term for the harms and losses you suffer, in many different forms, because of your provider’s negligence.

A different but related term, money damages, refers to the compensation you recover from your claim. The amount of money damages you get is based largely on the extent of your damages. The reason why money damages are awarded is to compensate you for all of the harms and losses you have suffered.

Some of the types of damages which medical malpractice lawsuit settlements should cover include:

  • Medical expenses, such as the costs of hospitalization, second opinions, surgeries, and other procedures, medications, rehabilitation services, and medical devices or assistive devices
  • Projected future medical expenses, if your injuries are likely to necessitate future testing, monitoring, and treatments
  • Lost wages due to being out of work to recover from the injuries caused by the medical error
  • Any loss of future earning capacity, if your injury leaves you permanently disabled in some way
  • Any accommodations to your home or vehicle that may be needed in order to continue using it with your injuries
  • Noneconomic pain and suffering that you experience because of the injury
  • In matters involving deadly medical errors, loss of consortium (spousal relations) or of the love, affection, support, advice, and other non-economic losses that accompany the death of a close loved one

The average settlement for medical malpractice claims is high—$329 565, according to the Journal of the American Medical Association (JAMA). Some of the reasons medical malpractice claims tend to have such a high value are because the need for medical expert opinions to prove a deviation from the standard of care makes these claims expensive to pursue and because injuries must be serious to move forward with this type of personal injury claim.

Types of Damages in a Medical Malpractice Lawsuit

Generally, the damages you pursue in a medical malpractice claim are considered compensatory damages. They’re intended to compensate you for the different kinds of harm you suffered. The two main kinds of compensatory damages are:

  • Economic damages, to which you can attach a clear dollar amount
  • Non-economic damages, which refer to harms that aren’t necessarily financial

Another type of damage that sometimes comes into play in the case of a medical negligence claim is punitive damages.

What Economic Damages Can You Pursue in a Medical Malpractice Lawsuit in New Jersey?

The economic damages you suffer due to a medical error have definite dollar amounts associated with them. You can calculate or project the financial cost of these losses in a way that you can’t with non-economic losses.

Some examples of economic damages include:

  • The additional medical expenses you incurred as a result of the negligence, including the bills for new or extended hospital stays, office visits with doctors, prescription medications, physical therapy, and assistive medical devices
  • Any future medical expenses you expect to accrue, such as further surgeries and physical therapy and the cost of home health care services
  • Your lost wages for any time you were out of work as a result of the doctor’s mistake
  • Diminished earning capacity or future loss of wages, if your injuries are disabling or otherwise are expected to result in you losing additional income in the future

Payouts for Non-Economic Damages in Medical Malpractice Claims

Your non-economic damages are priceless, in a literal sense. Unlike medical bills or lost wages, you can’t calculate precise figures for your non-economic damages based on hard numbers like the amount billed for a procedure or salary expectations for the remainder of your work-life.

Some examples of non-economic damages include:

  • Pain and suffering, the physical and emotional hardships and discomfort you endure because of the medical error
  • Emotional distress, refers to all of the mental anguish and psychological difficulties you have been through
  • Loss of enjoyment of life, for any decreases in your quality of life that result from malpractice – such as the loss of the ability to care for yourself independently or to enjoy your former hobbies and passions
  • Disability, or the loss of the ability to do things you once did, such as having gainful employment
  • Disfigurement, often resulting from scarring, which can happen due to a surgical error
  • Loss of companionship or consortium, awarded to loved ones of a medical malpractice victim who suffered catastrophic injuries or who passed away due to malpractice. Consortium often refers specifically to the relationship with a spouse, while companionship is more likely to apply to children, parents, and other close relatives.

One key difference between economic and non-economic damages is that no amount of money can ever truly replace your non-economic damages. The pain and suffering, the emotional distress, the disfigurement – none of these things will be fully erased by a medical malpractice payout.

That said, getting compensated for these very real if subjective, losses are important for malpractice victims and their families to move forward. The money you recover for your non-economic losses can help you make changes to your life that help address these losses. You can use your medical malpractice payout to:

  • Afford alternative therapies to ease your physical pain (in consultation with your healthcare team)
  • Seek counseling to help cope with the emotional trauma of the medical ordeal you have been through
  • Undergo scar revision treatments
  • Make changes to your home or routine that allow you to regain some quality of life

To get the most money for your claim, you need a medical malpractice lawyer with the experience to fully understand all of the ways medical negligence has impacted your life. Our New Jersey attorneys will fight to get you every dollar you deserve.

Punitive Damages in a Medical Malpractice Lawsuit

gavel and calculator

In certain instances, your medical negligence lawsuit may bring about punitive damages. Punitive damages are awarded in a trial by a judge or jury to punish the defendant.

Under a statute known as N.J.S.A. 2A:15-5.12, punitive damages “are to be awarded only in exceptional cases” that include “an especially egregious or outrageous matter.” A defendant can only be ordered to pay punitive damages if they engaged in “malicious” conduct or “acted in wanton and willful disregard” of the claimant’s rights.

You shouldn’t go into your claim expecting to receive punitive damages. Most claimants don’t receive punitive damages. But if your case progresses to trial and your doctor’s act of negligence was exceptional beyond that which is usually seen in a malpractice claim, punitive damages may be a possibility.

Aside from directly benefiting the claimant who receives this money, punitive damages can help to make a difference in the defendant’s future behavior. This expense may deter a doctor from engaging in subsequent negligent behavior and discourage hospital systems from continuing to utilize practices and procedures that put patient safety at risk.

So, How Do You Know If You Have a Medical Malpractice Case?

When is it medical malpractice? To know if there’s a chance that you meet the medical malpractice requirements necessary for a claim, you should ask yourself two crucial questions:

    1. Did you suffer harm in the form of a physical injury that led to financial or non-economic losses?
    2. Do you suspect that a medical professional’s negligence may have been the cause of your physical injury?

If you answered yes to both questions – even if you’re not able to prove negligence at the moment – then your next step should be looking for a medical malpractice lawyer.

You see, your case is unique. The only way to find out if you have a claim is to talk to New Jersey medical malpractice lawyers with enough experience to know what to look for. There’s no simple answer key and no easy explanation that will tell you whether or not you have a case.

Why does determining if you have a case have to be so complicated?

In a complex medical malpractice claim, even the smallest details matter. That’s because these details are what serve as proof of the healthcare professional’s actions that fell below the standard of care.

No other patient has had the exact same doctor make the exact same mistake and suffered precisely the same injuries that changed their lives in precisely the same way. The facts involved in your medical ordeal are different from anyone else’s. These facts are what determine whether your case is actionable, and they’re what a lawyer will need to know before he or she can advise you about what to do next.

Proving Medical Negligence

The challenge of winning a medical malpractice claim is that it isn’t malpractice just because you say it is. Every one of those medical malpractice elements – duty of care, breach of care, causation, and damages – must be backed up by evidence.

Evidence of Medical Negligence

It takes significant evidence to show that your doctor acted negligently, that those negligent actions are what caused your injuries, and that your injuries are serious and permanent.

What might seem like common sense to you still requires expert testimony in a medical malpractice claim, particularly, in the eyes of the defendant’s insurance company. You should expect their lawyers to do everything they can to protect the hospital’s profits, even when the medical facility or provider is clearly in the wrong.

Proving Your Damages in a Medical Malpractice Claim

A lot of what determines your ability to pursue a medical malpractice claim is your prognosis. It takes a doctor to determine what your injuries are and what kind of recovery you can expect. That, in turn, affects all of your other damages – from the amount by which your future earning capacity is reduced to the extent of the injury’s effects on your quality of life.

The Role of Medical Experts

The only way to prove negligence against a medical professional is through the expert opinion of another medical provider.

Remember, malpractice happens when the doctor deviates from the acceptable standard of care, not just when there’s an unwanted outcome – and it takes another doctor to say what’s acceptable.

Medical experts are credible doctors who have a great deal of experience practicing in a relevant area of medicine. They know their stuff – but that knowledge can come at a steep price.

It’s not unusual for a single malpractice case to involve multiple medical experts. When you have to pay each expert thousands of dollars for their services, the cost of your claim quickly becomes unaffordable.

Do You Need a Lawyer for Medical Malpractice?

It’s virtually always best to have a legal professional represent you in any legal matter. However, having an attorney is even more crucial in medical malpractice matters.

Are Medical Malpractice Cases Hard to Win?

Despite the myths you might have heard, medical malpractice claims are far from slam-dunk cases. They require a lot of evidence in the form of expert opinions, and getting the right experts can be costly.

You’d like to think the law would be written to be fair to everyone. Unfortunately, that’s not the case. Often, medical malpractice laws are designed to protect doctors and hospitals, not patients. It’s bad enough that you can’t sue without severe injuries and an excessive amount of evidence. On top of that, the only way to prove that you were the victim of malpractice is through the testimony of experts – and they can be prohibitively expensive to attain.

Hiring a medical malpractice lawyer is your best chance of getting the results you need. Your attorney can be your advocate and work to level the playing field so that you have a fair chance at getting the money you deserve. And we can advance all upfront costs involved in pursuing your claim.

Can you win a medical malpractice suit? Yes, absolutely – but only when you combine the grounds for a viable claim with the skilled representation of a knowledgeable medical malpractice attorney.

Why Hire a Lawyer for Medical Malpractice Claims

People Who Hire An Attorney for Medical Malpractice Get On Average 3.5 Times MoreThe biggest reason why you should always hire an attorney to represent you in medical malpractice suits is that it’s the only way to get the money you deserve.

Data published by the Insurance Research Council has shown that attorneys get their clients 3.5 times more compensation than claimants without a lawyer. That means that even after you factor in the cost of hiring a medical malpractice lawyer, you’re ending up with a lot more money. You can better afford the costs of living with your injuries, of keeping your family afloat during tough financial times, and even of the most cutting-edge care that can help you recover.

In the case of a medical negligence situation, claimants have such a difficult time getting compensation to begin with that it is often not even possible, in this particular kind of claim, to get a successful outcome without an attorney.

But getting better results – or any results at all – isn’t the only reason to hire a New Jersey medical malpractice lawyer. Besides getting you a payout, your attorney will work hard to make your life after a medical error easier.

How Can a New Jersey Medical Malpractice Lawyer Help?

At the law firm of Console & Associates, we know that the aftermath of a medical error can be the most difficult time of your life. It’s our goal to not only get you the medical malpractice payout you deserve but also to make this time easier for your family.

Hiring an attorney offers you the best chance of getting the money you deserve for your malpractice claim, but it also helps you in so many other ways. With a lawyer on your side, you can pass the hassles of a legal matter onto us. That means 1) no more distractions from your rehabilitation and 2) someone always on your side. If you encounter problems getting or paying for care or you get bad news about the status of your job while you’re out of work, we’re here for you, no matter what.

Few Malpractice Victims Get The Justice They Deserve

Medical errors are alarmingly common, so much so that they constitute a leading cause of death in America.

Yet, due largely to the huge burden of evidence placed on the malpractice victim and the expense of moving forward with a claim, most instances of medical mistakes go unpunished. The victims don’t pursue a claim and never get the money they need to get life back on track. The negligent healthcare professionals get away with their dangerous treatment of patients, facing no consequences and free to do even more harm over the course of their medical career.

Historically, only 9 percent of civil trials have been medical malpractice claims, according to the United States Bureau of Justice Statistics. There were more than 3.5 times more motor vehicle accident trials than medical malpractice trials, even though – by some estimates – medical errors kill more than 12 times as many Americans as car accidents do. The reality is that victims of malpractice, and their families, are far less likely to get justice than victims of other types of accidents are.

The only way you can expect to get justice for medical malpractice is by hiring a lawyer.  Hospitals and health systems, medical malpractice insurance carriers, and the massive and influential teams of defense attorneys on their side are just too powerful for one person to stand up to on their own.

One call to Console & Associates puts your claim in the hands of an accomplished multi-attorney firm, complete with experienced medical malpractice paralegals and a network of medical experts at our disposal. With us, you’ll have a full legal team on your side, without a hefty price tag to worry about.

Can I File a Medical Malpractice Claim Myself?

Although it’s not advisable, it is possible to settle a personal injury claim, in general, yourself – but that’s not necessarily true for a medical negligence claim.

Claimants routinely settle minor, straightforward car accident claims on their own (although motor vehicle claims with more extensive damages should be handled by a lawyer). But pursuing a claim for medical malpractice without a lawyer is a very different situation. Medical malpractice claims are challenging and expensive to pursue because they require the use of medical experts and long hours of investigation.

Let’s compare handling car accident claims on your own to settling medical malpractice without a lawyer.

You don’t necessarily need expert witnesses for a car accident claim. Having them can add a lot of value, especially to a complicated claim. However, as a layperson, you can look up traffic safety laws and point out that the other driver was ticketed by the police for a violation. Although the cause of an accident can be a lot more complicated than that, there are also claims where proving negligence is relatively straightforward and an expert witness isn’t a necessity.

You do, however, need expert witnesses to pursue a matter of medical negligence. It’s the law.

Under New Jersey law, you aren’t qualified to pursue a medical malpractice lawsuit just because you, as a layperson, allege that malpractice occurred. It doesn’t matter if you have enough healthcare knowledge yourself to know that your doctor shouldn’t have done what they did. It doesn’t matter how many parts of your medical records you can point to that call into question your provider’s actions or omissions.

Under New Jersey statute §2A:53A-27, you must be able to provide an affidavit of lack of care to move forward with your medical malpractice lawsuit, according to the National Conference of State Legislatures. And, under New Jersey statute §2A:53A-41, only a licensed physician or other licensed healthcare professional is qualified to execute this affidavit or to provide the expert testimony on which the legal document is based. In addition to being licensed, the healthcare provider must meet strict criteria regarding the specialized certification and clinical practice to be authorized to make this sworn legal statement.

Because you must present this testimony and certify in advance that you have sufficient evidence to back up your claim through the affidavit of merit, the only way to move forward with your lawsuit is to have an expert witness on your side. Hiring an expert witness on your own could cost you thousands of dollars upfront – money you’d have to pay right now, whether or not you win your claim – and you’d still have no way to navigate the legal system.

You simply can’t handle this kind of claim yourself. You don’t have the experience or legal knowledge to do so. You also would have to spend a lot of your own money to secure the services of medical experts, which adds yet another hurdle to getting the compensation you deserve.

What you can do is choose a law firm like Console & Associates P.C. with a history of success in handling medical malpractice cases to represent you. Obtaining justice is a right that every victim, not only those with huge financial resources, should have.

The Cost of a Medical Malpractice Claim

Tens of thousands of dollars.

That’s how much it can cost just to gather the evidence you need to pursue your medical malpractice case.

But when you choose Console & Associates P.C.’s experienced New Jersey medical malpractice lawyers to handle your case, the astronomical cost doesn’t have to be your problem anymore.

How We Make Medical Malpractice Claims More Affordable

If every medical malpractice victim had to come up with the kind of money necessary to pay numerous medical experts upfront, a lot of victims would never have the opportunity to get what they deserve. That’s not right or fair.

We believe that every victim harmed by medical negligence should have the right to hold the careless doctor accountable and receive the compensation they’re entitled to. So, when you become our client, we cover the upfront costs of pursuing your claim:

  • Tens of thousands of dollars for the services of medical experts
  • Potentially thousands of dollars to cover the cost of pursuing your case
  • Hundreds more for the cost of getting copies of your medical records

Only after we win money for you will we be reimbursed for these costs. You never have to worry about coming up with the cash on your own. And if we’re not able to get you compensation, then these costs remain our problem – never yours.

Securing the testimony of medical experts at no upfront cost is just one of the guarantees we make to you in our No Fee Promise. You shouldn’t have to risk thousands of dollars to get justice. You’ve already been through enough. We’re confident enough that we can win the cases we take on that we’re willing to take these risks for our clients.

How Much Do Medical Malpractice Lawyers Charge?

A medical negligence case is costly, but medical malpractice help doesn’t have to be.

Don’t buy into the myth that you can’t afford an attorney for a medical malpractice claim in NJ. Here’s how you can get help from an experienced medical malpractice lawyer free of upfront charges – and only pay for legal representation if you win.

Contingency Fee Arrangements for No-Win, No-Fee Legal Representation

How do medical malpractice lawyers get paid? Most personal injury lawyers work on what’s called a contingency fee basis.

Under a contingency fee model, you pay your attorneys only a percentage of what they get for you. When you hire our New Jersey medical malpractice lawyers to handle your claim‚ you pay nothing out of pocket – from the initial consultation to negotiating with insurance adjusters, from hiring medical experts to your day in court (if it comes to that).

This means you only pay for legal representation…

  • If you win money for your claim, and
  • When you win money for your claim, and
  • Only a percentage of the money you win.

You don’t have to pay now to speak to a medical malpractice attorney. The case evaluation and initial medical record review are free.

You don’t pay for calls, meetings, or every hour spent working on your case. No matter how many times you need to talk to your legal team, we won’t charge you for it. We’re at your disposal from the time you hire us to the time your case closes.

You won’t ever have to worry about racking up more in legal fees than your claim is worth. We collect only a percentage of what we win for you – and if we don’t win‚ you owe nothing. Since we get paid only a portion of what we get for you, it’s not possible that pursuing a medical malpractice lawsuit could backfire and end up costing you more money.

No-Win, No-Fee Representation Means We Have the Same Goal

There’s one more benefit to working with New Jersey medical malpractice lawyers on a no-win, no-fee basis. A major reason why medical malpractice lawyers take claims on a contingency fee basis is that this practice aligns our goals with yours.

Think about it: no one else involved in your claim wants the same outcome you do. You, naturally, want to get the full amount of money you’re entitled to.

The negligent doctor doesn’t want that to happen. The hospital doesn’t want that. The insurance carriers that are actually paying out the claim don’t want that – they’d rather keep that money for themselves. The defense attorneys are actively fighting against you to prevent you from getting the money you deserve.

But the medical malpractice lawyer you hire on contingency? We have every incentive to work as hard as we need to just to get you every dollar you deserve because our pay is directly tied to how much money you recover.

If we didn’t charge medical malpractice lawyer fees on contingency, you wouldn’t have this reassurance.

  • You’d have reason to worry that a lawyer who charges by the hour could be racking up a higher bill than necessary for their own selfish reasons.
  • Or, if you had to pay an attorney a flat rate or monthly retainer for your medical malpractice claim, you might wonder if they’re really giving your claim the full amount of attention you deserve.
  • Either way, your attorney would get paid regardless of whether they succeed in getting you money or not. You’d never really know whether your lawyer did everything in their power to get you the maximum amount of compensation available.

Under a contingency fee agreement, you won’t have these worries. You can feel confident about your claim and the results our NJ medical malpractice attorneys get for it.

Medical Malpractice Lawyer Percentage

What percentage do medical malpractice lawyers get from a successful claim?

Under state law, New Jersey med mal lawyers can charge 33 1/3 percent of the first $750,000 of a settlement or jury award.

If your settlement or jury award exceeds $750,000, the percentage you pay on the remaining settlement amount (after collecting 33 1/3 on the first $750,000) decreases as follows:

  • 30 percent on the next $750,000
  • 25 percent on the following $750,000
  • 20 percent on the next $750,000

Paying as much as a third of your settlement may sound like a lot. However, an attorney brings to your claim value far above what you’ll pay in attorneys’ fees.

How Do You Choose a Medical Malpractice Lawyer in New Jersey?

The success of your medical malpractice claim hinges on the quality of your legal representation. How do you choose a good attorney who meets all of the most important medical malpractice lawyer qualifications?

Look for a lawyer who has:

  • An understanding of the intricacies of medicine and medical practices, as well as the intersection between medicine and law
  • The knowledge and patience to thoughtfully examine lengthy and complicated medical records and to pinpoint within those records the evidence of potential deviations from the standard of care on the part of any of your healthcare providers
  • The knowledge of which types of medical experts are qualified to provide testimony relevant to your claim
  • A keen awareness of which questions to ask expert witnesses and the defendants in your case to unravel the truth behind your negative medical outcome and prove your claim for compensation
  • The ability to predict the legal tactics of the defense and the obstacles that could arise in your claim, and to plan strategies to overcome these challenges

These qualities are hard to judge when you don’t have a background in medical malpractice law yourself. Fortunately, there are factors you can look at that are more readily apparent and which shed some light on how well an attorney meets these requirements.

What to Look for in a Med-Mal Lawyer

If you’re wondering who is the best medical malpractice lawyer, here are the top factors you need to consider:

  • Extensive experience handling medical malpractice matters
  • Impressive results for injury cases like yours
  • A targeted focus on the legal matters that are relevant to your situation
  • Knowledge of NJ medical malpractice laws and healthcare systems
  • A team that consists of seasoned lawyers and legal professionals and offers the full array of resources your claim requires

Why Choose Console & Associates’ New Jersey Medical Malpractice Lawyers

What sets the medical malpractice attorneys of Console & Associates apart? We’re glad you asked.

This is why you want your medical malpractice claim in our capable hands:

Extensive experience in handling all areas of medical negligence claims.

We have more than 25 years of experience helping clients in New Jersey with their personal injury claims.

We’re fully prepared to hold negligent medical professionals accountable for mistakes committed in any environment, from in-home healthcare services to the state’s busiest emergency rooms.

Our record of success handling medical malpractice claims in NJ

We have helped thousands of clients with medical malpractice and other types of personal injury claims.

We have recovered numerous six-figure and seven-figure settlements on behalf of our clients, totaling well over $100 million.

Our exclusive focus on personal injury matters

Medical malpractice claims are too complex to trust to a general practice attorney. Our lawyers handle injury cases exclusively. We’re working in this complex area of law, and helping people in situations like yours, every single day.

Our familiarity with the hospital systems all over the state. Having practiced personal injury law throughout NJ for decades, we’re knowledgeable about the practices and reputations of the largest hospitals in the state, including:

Taking on a major medical system or a well-known doctor can be a scary prospect, but we won’t be intimidated. We’ll be here fighting for you every step of the way.

A Full Legal Team On Your Side

Different lawyers may look at the same case somewhat differently. One benefit of choosing Console & Associates P.C. to handle your claim is that we have three attorneys on staff. Often, our lawyers will each review your situation and discuss your legal matter as a team.

Don’t worry, it won’t take long. When we get back to you, you can be sure that a group of experienced attorneys has given your case the personalized attention it deserves.

In addition to our attorneys, your legal team includes knowledgeable paralegals and legal support staff who are always here to help. With us, you’re not just hiring a lawyer – you’re hiring our law firm in its entirety and taking full advantage of all we have to offer.

Expectations for an Initial Consultation

To find out if you can pursue a claim, you’ll need a lawyer on your side. Every case at Console & Associates begins with a medical malpractice lawyer’s free consultation.

Here’s what you can expect during the initial consultation.

Starting With a Phone Call

Although we welcome new client communications by email contact form, our initial consultation usually begins with a phone call. We know your time is valuable, so we strive to gather crucial information now before you ever set foot in our office, so as not to waste any of your time. To that end, we will need to ask you some questions.

We know that a medical malpractice matter can be confusing and emotionally difficult. It’s okay if you don’t have all the answers off the top of your head if you don’t fully understand what happened, or even if you need some support to get through telling us your story. We’re here to help you.

A Confidential Conversation

Some aspects of your medical care or treatment, and your current medical troubles, may be private and difficult to discuss with a stranger. Rest assured that this is a confidential conversation between you and a representative of our firm.

You don’t have to worry about us blabbing to a well-known doctor or an influential health system that you’re thinking of suing. We won’t share private details about your situation with anyone who isn’t involved in evaluating your claim and, if you have the grounds for a case, with moving forward with that claim.

And as far as feeling embarrassed? Don’t. We’re professionals. There’s nothing we haven’t heard over our decades in practice. We handle matters involving serious injuries every day, so we’re used to helping clients with sensitive topics pertaining to their health. We want to get you on the path to feeling better.

The Role of Your Medical Records

A lot of the details that affect whether or not you have the grounds for a valid claim are found within your medical records. Because of this, reviewing your medical records is a crucial part of thoroughly evaluating your claim.

If, after speaking to you about your situation, we believe we may be able to help, we will ask your permission to review your medical records. You may not have your medical records yet at the time you speak with us. That’s okay. We can walk you through the process of getting your records or, in some instances, request those records for you. Our thorough review of your medical records allows us to consider all of the unique facts about your claim and determine whether there is sufficient evidence to prove that your healthcare provider was negligent.

We’re Here To Answer Your Questions

Talking to an attorney should provide you with answers, not more questions. But that’s not always the case, especially when medical malpractice victims feel rushed or like they aren’t being listened to. Throughout your free case evaluation, you have our full attention. Besides asking you questions, we’ll help you understand what the legal process might look like if you pursue a claim.

A big part of educating and advocating for you is answering your questions. Whatever it is you’re wondering about, don’t hesitate to ask.

You’re not bothering us, and we won’t think your question is stupid. People come to us with varying levels of knowledge of law and medicine – both complicated topics – and we’re used to answering questions that range from the simple to the complex. What matters to us is that you have the knowledge you need to fully understand your situation, your options, and your legal rights.

The New Jersey Medical Malpractice Lawsuit Process

Your medical malpractice claim may be your first time attempting to navigate the complicated legal process. Don’t worry. We handle malpractice and injury claims every single day, and we’ll be here to walk you through it from start to finish.

What to Expect in Your New Jersey Medical Malpractice Case

One of the biggest reasons malpractice victims don’t get the compensation they deserve is because they might be reluctant, or even afraid, to engage in the claims process. You don’t know what to expect, what pursuing a claim will require from you, or whether a medical malpractice claim could make things even worse.

Although winning malpractice cases is challenging, the legal process doesn’t have to be a hassle for the claimant. Once you choose a New Jersey medical malpractice lawyer to fight for you, we handle every aspect of your claim, so you don’t have to.

Here’s an overview of the medical malpractice lawsuit process:

  • Investigation and documentation: During this pre-litigation (pre-lawsuit) phase, we fully investigate your medical care and gather the evidence that supports our assertion that the healthcare professional failed to meet the standard of accepted care. Our investigation includes reviewing your medical records and working with medical malpractice expert witnesses.
  • Negotiation: Once we have sufficient evidence of medical negligence and your damages – when, for example, you have made the best expected physical recovery for your situation – we open negotiations with the defendant’s insurance company. Negotiations can begin before or after a lawsuit is officially filed, but they typically begin with a document called a demand letter, in which we present your case and assert your need for and right to compensation. We will negotiate back and forth with the insurer until we reach a settlement or a stalemate.
  • Litigation: When we file a legal document known as a complaint, it begins the litigation process or the process of pursuing a lawsuit. In New Jersey, an important part of the medical malpractice lawsuit process is filing a document called an affidavit of merit. This document functions as a written form of sworn testimony asserting that your case has merit – in other words, that we have the evidence to prove malpractice and aren’t wasting the court’s or the doctor’s time with a frivolous claim.
  • Resolution: Medical malpractice claims end when they settle out of court or go to trial. Sometimes settlements are achieved with the help of a third party, in the case of medical malpractice mediation or arbitration. More than 90 percent of medical negligence matters settle out of court, but when a medical malpractice case goes to trial, your attorney will represent you in court and present your case to the judge or jury.

Because there’s no risk and little hassle for you, the legal process of seeking money for a devastating medical mistake is often much easier on our clients than they expected. If worries about the process of filing a claim are what’s holding you back from getting the money you deserve, give us a call. Let us answer your questions and ease your mind.

Medical Malpractice and Insurance

When you move forward with a med mal claim, it’s not the doctor directly that you’re seeking compensation from. Instead, an insurance company is the one that will be paying out your claim.

What Is Medical Malpractice Insurance?

Medical malpractice insurance is a type of professional liability insurance for healthcare providers. Generally, doctors in New Jersey must carry at least $1,000,000 in malpractice insurance under state law.

Other healthcare providers, like nurse practitioners and physician assistants, also carry malpractice insurance or professional liability insurance appropriate to their scope of practice. Hospitals and other types of medical facilities, too, purchase malpractice insurance. Healthcare facility staff members who do not have their own malpractice insurance policy may be covered by their employer’s or supervising physician’s policy.

New Jersey Medical Malpractice Payouts


There’s a lot you can gain from moving forward with your malpractice claim: answers, justice, accountability, a real reason to believe that the negligent doctor will avoid making the same mistake again. Ultimately, though, the direct goal of your medical error lawsuit is to secure your family financial compensation for your damages.

What is the average medical malpractice case worth? Many med mal claims end in a settlement or verdict in the six-figure or seven-figure range. The average payout amount in New Jersey is slightly higher than the national average.

What Is a Normal Settlement Amount?

The average medical malpractice payment in 2018 was $348,065, according to data collected by the National Practitioner Data Bank and presented by the doctor lending and insurance marketplace LeverageRX.

With 11,584 payments made in the United States for that year, the total payout amount for all medical malpractice claims reported was an astounding $4,031,987,700.

The vast majority – 96.5 percent – of these payouts came from out-of-court settlements, accounting for $3,889,417,950 in total payments. The 3.5 percent of medical malpractice payouts that were judgments culminated in a collective payment of $142,569,750.

The average amount of a medical malpractice payout can share some important information, but the value of your claim could be considerably more or considerably less. Remember, your medical malpractice matter is unique, and it depends on the damages and circumstances that pertain to your case.

Some medical malpractice claims have such limited damages that they are worth less than $100,000. Others bring in multimillion-dollar payouts.

Medical Malpractice Payouts in New Jersey

In 2018, New Jersey was the state with the fifth-highest total medical malpractice payout amount, LeverageRX reported.

Over the course of the year, payments were made to 630 malpractice victims and their families totaling $226,712,000. The average payment in New Jersey was $359,860.

Is Your Case Worth More Than the Cost of Pursuing It?

The real question isn’t just how much your case is worth, but whether the expected outcome will surpass the costs of bringing the claim.

How can you know if your injuries are serious enough for a successful medical malpractice case? After all, you certainly think they’re significant when you’re forced to struggle with them every day. But with the strict requirements, it can be hard for you to tell for sure.

Here’s a secret: without knowing the details of what happened to you, even experienced lawyers like us just don’t know if you have a case or not.

That’s why we need to understand all of the complicated forces at play in your claim. It’s why we need to review your damages and to hear – from medical experts and from you personally – what kind of damages you suffered because of the medical error.

Is There A Limit On Damages?

According to New Jersey law, as of 2020, there is no limit on the damages you can seek to compensate you for a medical malpractice claim, also known as compensatory damages.

This means that your pain and suffering, lost wages, medical expenses, and ongoing care are all covered. There’s no cap on the amount of damages you could be awarded to compensate you for the harms you suffered.

Over the past decade, bills have been introduced at the state level that would aim to cap the amount of non-economic damages a medical malpractice victim could receive. For example, New Jersey Assembly Bill 966, proposed during the 2012-2013 state legislature session, would have capped payment for non-economic damages like pain and suffering at $250,000. Fortunately, that bill died in committee, preventing the government from infringing on the rights of medical malpractice victims to recover full compensation for their compensatory damages.

The state does, however, place a limit on punitive damages, which are only awarded in exceptional circumstances, not routinely. Under New Jersey statute 2A:15-5.14, you can only seek up to five times the award for your compensatory damages or $350,000, whichever is greater.

How Long Do You Have to Sue for New Jersey Medical Malpractice?

Your doctor’s medical error has changed your life forever. But your legal rights won’t last nearly as long as the damage their negligence has caused.

Your time to move forward with a claim is limited, and the clock is ticking. If you don’t take action before the statute of limitations passes, you may never end up getting the compensation you deserve.

The Statute of Limitations for New Jersey Medical Malpractice Lawsuits

What is the statute of limitations for a medical malpractice suit? Simply put, a statute of limitations is a regulation that restricts the time you have to pursue a legal matter.

Under New Jersey statute 2A:14-2, a medical malpractice claim generally must be brought within two years from the date of the incident. That’s in line with the statute of limitations for other types of personal injury actions.

Like other types of laws, statutes of limitations can be complicated. There are exceptions to this two-year period that applies to most situations.

Some situations could extend the deadline to file, and others could make that deadline much much earlier. To make sure you’re meeting all deadlines that apply to your claim, the sooner you contact an experienced attorney, the better.

The Discovery Rule

When a car accident occurs, the incident is immediately apparent, even if not all of its consequences are. That isn’t always the case in a medical negligence matter.

You’re likely to notice a wrong-site surgery right away, but a foreign object left inside the body during surgery may take time to become apparent. Similarly, it’s not until time passes and an accurate diagnosis is made that you discover that a misdiagnosis or delayed diagnosis occurred.

In recognition of this fact, the discovery rule applies to medical negligence matters in NJ. Under the discovery rule, the two-year statute does not necessarily begin to run on the date the malpractice occurred. Instead, the statute of limitations for this type of med mal claim is two years from the date the person reasonably became aware that he or she had suffered malpractice.

The Medical Malpractice Statute for Minors

If the medical error caused harm to a minor – defined as anyone under the age of 18 at the time of the incident – then a different set of deadlines applies.

  • For birth injury matters, the deadline to take action on a medical malpractice claim is the child’s 13th birthday.
  • For pediatric malpractice matters that are not birth-related, the statute of limitations usually does not begin to run until the child turns 18.

The parents of a child harmed by malpractice can take action on the minor’s behalf right away. If the parents or guardians do not take action by the minor’s 12th birthday, NJ statute 2A:14-2 gives the minor the right to commence legal action on their own or to designate another adult to do so on their behalf.

When to Start a Medical Malpractice Lawsuit

Early on in your rehabilitation, it may seem like you have a while before the medical malpractice time limit becomes a problem. But you shouldn’t wait until the medical malpractice statute of limitations is looming before you decide to start filing a medical malpractice lawsuit. The sooner you seek legal help, the better.

An attorney can review your medical records to understand what went wrong – and that knowledge may be able to help your current practitioners fix it. We can make sure you’re getting the care you need and secure your medical records to make sure the evidence that supports your claim is preserved. From day one, we’ll gather and organize all of your medical bills and keep track of the time you’re out of work and the wages that you missed, so you won’t have to worry about anything slipping through the cracks.

From the day you choose us to handle your case, we’ve got your back. Why wouldn’t you want to get skilled, professional help on your side sooner rather than later?

Because Console & Associates bills on a contingency fee basis, there’s no monthly retainer or fee and no hourly charges. It doesn’t cost you anything to have legal representation lined up early on in your claim. Think of it as a safety net.

If you believe that you were a victim of medical malpractice – or that malpractice is behind the loss or catastrophic injury of your loved one – then it makes sense to speak with a New Jersey medical malpractice attorney immediately.

Don’t wait – call (856) 778-5500 today for your free case evaluation!

Medical Malpractice Statistics in the United States

Just how common is medical malpractice and negligence? The data behind medical malpractice rates is nothing short of shocking.

Medical Malpractice Deaths Per Year

Medical malpractice kills an astounding number of Americans each year – so much so that medical error is the third leading cause of death in the U.S., according to CNBC.

Only heart disease and cancer kill more people each year than medical mistakes do.

How Many Medical Malpractice Deaths Per Year?

Research on medical malpractice by Johns Hopkins Medicine in 2016 found that medical errors kill more than 250,000 American patients annually.

A medical malpractice journal article published in the Journal of Patient Safety in 2013 suggested that as many as 400,000 premature deaths occur each year due to preventable harm to patients.

Medical Malpractice vs. Gun Deaths

To further put these figures in perspective, here’s how fatal medical errors compare to firearm deaths. Every year, well over 30,000 Americans – often, closer to 40,000 Americans – lose their lives to gun violence.

At the most conservative estimates, medical errors kill 6 to 8 times more people than guns do in the United States.

Injuries Due to Medical Negligence

For every patient who loses their life because of a doctor’s mistakes, many more suffer life-altering injuries that may require round-the-clock care.

The same Journal of Patient Safety article that put the likely number of fatalities due to medical errors at 400,000 per year also estimated that serious but non-lethal harm was “10- to 20-fold more common” than actual deaths. That means as many as 4 million to 8 million patients each year are maimed – sometimes irreparably – by negligent healthcare professionals.

Nearly 30 percent of medical malpractice payouts in 2018 resulted from a death due to medical error, according to LeverageRX. Although that makes death the single most common outcome to lead to a payout, it also means that, in more than two-thirds of all paid claims, patients were suing over non-fatal injuries.

  • 18.7 percent of payouts resulted from a major permanent injury
  • 18.4 percent of payouts resulted from a significant permanent injury
  • 12.3 percent of payouts resulted from quadriplegic or brain damage injuries that necessitate lifelong care
  • 7.8 percent of payouts resulted from a minor, but permanent, injury
  • 7.7 percent of payouts results from a major, but temporary, injury
  • Fewer than 5 percent of payouts resulted from minor temporary injuries, insignificant injuries, and only emotional injuries combined

The Most Common Medical Errors in the USA

Some deviations from the standard of care happen far more often than others. According to StatPearls Publishing, the nine most common medical errors in recent years have included, in order:

    1. Adverse drug events
    2. Catheter-associated urinary tract infection, or CAUTI
    3. Central line-associated bloodstream infection, or CLABSI
    4. Injuries sustained due to falls and immobility
    5. Obstetrical adverse events (adverse events related to pregnancy, delivery, and postpartum care)
    6. Pressure ulcers, or bedsores
    7. Surgical site infections
    8. Venous thrombosis, or blood clots
    9. Ventilator-associated pneumonia

Other medical errors that occur too often include, in no set order:

  • Undertreatment
  • Overtreatment
  • Misdiagnosis
  • Surgical injuries
  • Wrong-site surgery
  • Wrong-patient surgery
  • Improper blood transfusions
  • Burns
  • Restraint-related injuries
  • Preventable suicides while under a health professional’s care

These common medical mistakes can occur in all types of medical facilities and environments, but they tend to have the most serious consequences when they happen in:

  • Intensive care units (ICUs)
  • Operating rooms (ORs)
  • Emergency rooms or departments (ERs or EDs)

Despite the massive number of harmful medical errors that occur each year in the United States, too many victims and their families never get the justice they deserve, because they don’t have the right help on their side.

Contact an Experienced New Jersey Medical Malpractice Attorney

Richard P. Console Jr.

Medical Malpractice Lawyer, Richard P. Console Jr.

When you’ve been harmed by a medical mistake, you have a lot to lose. There’s your health, your job and income, your family’s savings, and your quality of life.

But when you turn to the right lawyer to handle your medical malpractice claim, you take charge of the situation. Suddenly, you have a lot to gain: the money you deserve and the accountability of the doctor who hurt you. And, with our no-fee promise, you’ve got nothing to lose.

So why wait any longer to get help?

Remember, the consultation is always free. We’ll answer your questions about the legal process and investigate what went wrong with your medical care. And, with three convenient NJ locations plus a secure, fully remote intake process, we make it easy to sign up for the no-win, no-fee legal representation you need to get your life back.

Retaining an experienced medical malpractice lawyer can be as easy as making a phone call. Get our New Jersey medical malpractice lawyers on your side today!

FAQs: Medical Malpractice Attorneys Answering Your Questions

You’ve got medical malpractice questions. We’ve got the information you need, always offered free of charge and from the reliable source of a law firm with more than 25 years of experience handling claims like yours.

1. Can Medical Malpractice Be Criminal? If There Was a Criminal Case Involved, Can I Still File a Medical Malpractice Lawsuit?

A medical malpractice lawsuit is a civil, rather than criminal, legal matter. In certain instances, however, the acts that constitute medical malpractice also have a criminal component.

When is medical malpractice criminal?

  • A doctor who routinely over-prescribes opioid painkillers in violation of federal law could be arrested by the Drug Enforcement Administration for running an illegal “pill mill.”
  • A physician who intentionally misdiagnosed you with cancer you didn’t have to make money off of your unnecessary chemotherapy treatments might be arrested for health care fraud.
  • In rare but highly-publicized situations, a doctor whose gross negligence leads to death – particularly the death of a celebrity or other famous figure – may face charges of manslaughter.

This isn’t to suggest that facing criminal charges related to a malpractice matter is common. It’s not. However, there are plenty of possible scenarios in which a medical professional doing the wrong thing might be both negligent and criminal.

Doctors who are convicted of criminal charges may lose their license to practice medicine and face jail time and other criminal penalties. In this way, they will face the consequences of their actions, at least the criminal ones. However, you should still move forward with a claim against a doctor who is facing criminal charges.

Why? If you were harmed by their medical negligence, you have very real losses – financial and otherwise – for which you deserve compensation. Your doctor going to jail may be a moral victory, leaving you feeling vindicated and confident that the negligent medical professional won’t have the chance to harm anyone else. What won’t happen, unless you pursue a civil claim, are you acquiring the compensation you need to get your life back on track.

Not getting this money can prevent you from getting better and cause your family to struggle financially – possibly for years – due to someone else’s negligent actions. And that’s a risk you can’t afford to take.

2. Can You Reopen a Medical Malpractice Case?

Some claimants affected by medical malpractice close their cases too early. By the time they realize this is a mistake, it’s too late.

Perhaps you made an initial demand of the doctor or hospital and – to your surprise – the defendant agreed. This is most likely what we call a “nuisance” payment, made to get you to go away and get the consequences of the medical error to disappear. If this happened, it might be an indicator that you deserve a lot more for your claim. Otherwise, the other side wouldn’t have been so willing to pay.

Maybe you planned to pursue a claim but decided not to go through with it. If the statute of limitations has already passed on your legal matter, you’ve missed the deadline. It’s highly unlikely that any attorney, no matter how experienced, can help you.

If you trusted your medical malpractice claim to an inexperienced attorney or a general practice lawyer, you might have been disappointed in your settlement.

Whatever the situation, you’re wondering if it’s possible to reopen your medical negligence case. Unfortunately, once your case is closed, it’s closed for good.

When you accept a settlement, you typically sign a document called a release. This legally binding agreement releases the defendant from any obligations toward you pertaining to the claim.

It’s critical that you make sure you are getting the maximum amount of money you deserve before you agree to a resolution of your claim. You do this by hiring an experienced medical malpractice attorney to handle your claim from the get-go.

If you’re contemplating a settlement offer but you’re not sure it’s enough, take advantage of our free settlement offer review. We’ll take a look at the facts of your claim and help you figure out if the settlement amount on the table is fair or if you could be getting more money.

3. I Signed a Consent Form. Can This Prevent Me From Filing a Medical Malpractice Case?

In normal, non-emergency situations, doctors are supposed to get your consent for any procedures they perform. Signing a consent form – after carefully reviewing it and discussing the procedure and concerns with your doctor – is the right thing to do when you’re about to undergo medical testing or treatment.

Only, in your case, things didn’t go as planned. A medical error occurred that left you seriously injured. Now you’re worried that signing that consent form could have waived your right to bring a medical malpractice case.

You didn’t ruin your claim by signing a consent form. What you consented to was the treatment or procedure. You certainly did not consent to your doctor making an egregious medical error.

Having signed a consent form won’t prevent you from pursuing a claim for reasons such as the following:

  • A known risk was not on the consent form but should have been, under the accepted standard of care.
  • The doctor or the consent form failed to fully express the probability of a complication or downplayed the risk in ways a responsible doctor would not have done.
  • The medical care that you received before, during, and after the procedure was negligent in some fashion.

This situation becomes more complicated in certain situations. For example, infection is a risk that could occur in all surgical procedures, even if your doctor isn’t negligent, but it’s still possible to sue for an infection that can be traced back to negligent actions such as failing to sterilize medical tools.

If you aren’t sure whether the negative outcome you suffered was a result of medical malpractice or if it was a risk of the procedure that you consented to undertake, it’s time to talk to a lawyer. We can review your medical records and help clear things up, at no charge to you. From there, you can take a look at your legal options and decide what to do next.

4. Are medical malpractice lawsuit settlements taxable?

Do medical malpractice payouts count as taxable income? The short answer is “(Usually) no.”

One reason victims of medical malpractice may not get the money they deserve is that they believe that taxes will claim most of their settlement, anyway. Why go through the trouble of pursuing a lawsuit if you won’t see any of the money?

The reality is that damages paid to compensate you for a physical injury aren’t taxable. This includes payments for your physical injuries (and the resulting medical bills) and for any emotional distress, like pain and suffering or mental anguish, they cause, according to the IRS.

Historically, the IRS has also considered payments for lost wages non-taxable when they are awarded as a result of a personal physical injury. That’s a difference from lost wage payments awarded in other legal matters, such as cases involving employment law or contract law.

Generally, the only type of payout for a legal matter involving a personal physical injury that the IRS considers taxable income is punitive damages. Since punitive damages aren’t meant to compensate you for your losses, they don’t fit under the category of compensatory damages and are instead counted as “Other Income” by the IRS.

The upshot of all this is that the payout that is awarded in most medical malpractice claims can’t be taxed. You get to keep that money, minus your attorneys’ fees and the costs of pursuing your claim, and use it as needed to move forward with your life.

Call Console and Associates P.C. today and take the first step to getting your life back on track.

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