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Medical Malpractice FAQs

Medical Malpractice FAQ's

Is payment of medical malpractice claims common in New Jersey?

Considering the number of medical procedures and hospitalizations yearly in New Jersey, it appears that medical malpractice claims are the exception rather than the rule. That may be due to the fact that most doctors are careful and prudent and do not commit malpractice. However, even good doctors and nurses can, and do, make mistakes.

Medical malpractice cases in New Jersey are extremely difficult to win. NJ juries are predisposed to siding with the doctors and giving them, if possible, all benefits of doubt. The insurance companies that insure doctors know that it is very expensive for a plaintiff’s lawyer to complete a jury trial, and that the cases have a high chance of the physician winning.

Nevertheless, there were 412 medical malpractice claims paid in New Jersey, totaling $175 million in 2008, the most recent year of complete data, according to data from the National Practitioner Data Bank. The average claim payment was $425,017 in New Jersey. In 2007, there were 455 medical malpractice claims paid totaling $196 million. The year prior to that, there were 523 claims paid totaling $205 million. As you can tell from this data, every year hundreds of patients are injured each year by negligent doctors and health care providers in New Jersey. It’s possible that you or a family member is a victim of medical malpractice.

If you believe that a negligent doctor, hospital or health care provider has harmed you or a family member, you should contact a skilled New Jersey medical malpractice lawyer or medical malpractice attorney to review your case. A NJ medical malpractice lawyer who has handled a number of medical negligence and malpractice cases will be well qualified to handle a complex medical malpractice claim.

For more than 30 years, the skilled attorneys at Davis, Saperstein & Salomon, P.C., have focused their legal talents on assisting people seriously injured through the carelessness of others. Our law firm, based in New Jersey, is highly regarded throughout New Jersey for the quality of the counsel and legal representation that our experienced NJ medical malpractice lawyers provide. We are justifiably proud of our record of success in representing more than 20,000 accident victims in cases including medical malpractice, automobile accidents, motorcycle accidents, trucking accidents, pedestrian accidents and other kinds of personal injury accidents.

We have obtained millions of dollars in settlements and verdicts on behalf of our clients.

Call our healthcare negligence lawyers today at (800) LAW-2000 or use our online form to receive a free initial consultation. Translators for all languages are available.

Home and Hospital Consultations Available—No Fee if No Recovery.

How long does it take to resolve a medical malpractice case?

Every medical malpractice case has its own unique set of facts and complications. Once a medical malpractice case is filed, it can take two to four years to resolve because few are settled out of court. For that reason, most claims must be put into suit requiring the hiring of medical expert witnesses to prove the alleged negligence. Only after months, and perhaps years, of intense litigation will a malpractice insurance company even consider making an out-of-court settlement offer.

If the lawyer defending the heath care provider’s insurance company believes the plaintiff may prevail, the insurance company will try to settle. A skilled NJ medical malpractice attorney will prepare a malpractice case carefully, knowing that having a firm command of the facts will allow negotiation from a position of strength.

If you believe that you or a family member was harmed through medical negligence, it’s important to consult a knowledgeable and experienced NJ medical malpractice attorney as soon as possible.

The New Jersey and New York metropolitan law firm of Davis, Saperstein & Salomon, P.C., is highly regarded throughout New Jersey for the quality of the counsel and legal representation that our medical malpractice attorneys provide. The focus of our practice is representing people who were injured through the negligence of others, including the negligence of doctors and hospitals. We are justifiably proud of our record of success in representing more than 20,000 accident victims in cases including medical malpractice, defective drugs, automobile accidents, motorcycle accidents, and other kinds of personal injury accidents. We have obtained millions of dollars in settlements and verdicts on behalf of our clients.

Call our healthcare negligence lawyers today at (800) LAW-2000 or use our online form to receive a free initial consultation. Translators for all languages are available.

Home and Hospital Consultations Available—No Fee if No Recovery.

What constitutes medical malpractice in New Jersey?

As the son of a physician, founding partner Sam Davis understands the responsibility of being a medical doctor. For over 30 years, Harold Davis, also known as “Doc Davis,” was the only general practitioner in Bergenfield, NJ and was one of the last to make house calls. With that background, Davis believes that medical negligence should not be confused with poor outcomes.

Good doctors can sometimes make mistakes, the reason for which they carry medical malpractice insurance. Injured patients may file medical malpractice claims based on a misdiagnosis, a delayed diagnosis, a mix-up of tests, a complication during surgery, improper administration of medication or the failure to provide adequate informed consent prior to a medical procedure or surgery. If an infant suffers a birth injury, the child’s family has a legal right to bring a malpractice claim. In New Jersey, a cancer misdiagnosis or delayed diagnosis may constitute medical negligence.

Medical malpractice cases are complicated and carry a high burden of proof. A New Jersey medical malpractice attorney has to show that the doctor, nurse or health care provider violated the accepted standard of care and acted in a manner that is contrary to the practices of other medical providers in the community. It’s not sufficient for a NJ medical malpractice lawyer simply to show that the health provider was negligent. Medical malpractice cases are vigorously defended by doctors and insurance companies. So it’s best to retain an experienced New Jersey medical malpractice lawyer if you’ve been injured

For more than 30 years, the skilled attorneys at Davis, Saperstein & Salomon, P.C., have focused their legal talents on assisting people seriously injured through the carelessness of others. Our law firm, based in New Jersey, is highly regarded throughout New Jersey for the quality of the counsel and legal representation that our experienced NJ medical malpractice lawyers provide. We are justifiably proud of our record of success in representing more than 20,000 accident victims in cases including automobile accidents, motorcycle accidents, trucking accidents, pedestrian accidents, medical malpractice and other kinds of personal injury accidents.

Call our healthcare negligence lawyers today at (800) LAW-2000 or use our online form to receive a free initial consultation. Translators for all languages are available.

Home and Hospital Consultations Available—No Fee if No Recovery.

Can health care providers other than doctors commit medical malpractice?

Yes, a lawsuit filed by a New Jersey medical malpractice lawyer may name a range of health care providers as responsible parties in a malpractice claim. In addition to doctors, responsible parties may include surgeons, nurses, anesthesiologists, psychiatrists, osteopaths, medical technicians, hospitals, hospital workers, outpatient clinics, dentists and chiropractors.

If you believe that you were injured as a result of negligence on the part of a health care provider, you should consult a New Jersey medical malpractice attorney to advise you whether your claim is worth pursuing. Not every accident lawyer is qualified to take on the complexities of medical malpractice cases. Medical negligence cases require time and financial resources to win. It’s important to contact an experienced NJ medical malpractice attorney as soon as possible to preserve your legal rights.

The law firm of Davis, Saperstein & Salomon, P.C., is highly regarded throughout New Jersey for the quality of the counsel and legal representation that our medical malpractice attorneys provide. The focus of our practice is representing people who were injured in accidents through the negligence of others, which includes the negligence of doctors and hospitals. We are justifiably proud of our record of success in representing more than 20,000 accident victims in cases involving medical malpractice, defective drugs, defective orthopedic devices, automobile accidents, motorcycle accidents, and other kinds of personal injury accidents. We have obtained millions of dollars in settlements and verdicts on behalf of our clients.

Call our healthcare negligence lawyers today at (800) LAW-2000 or use our online form to receive a free initial consultation. Translators for all languages are available.

Home and Hospital Consultations Available—No Fee if No Recovery.

What will it cost to have a New Jersey medical malpractice lawyer review my case?

The good news is there is no upfront cost to talk with a New Jersey medical malpractice attorney about your case. A NJ medical malpractice attorney will review your case free of charge. Medical malpractice cases require lawyers who have a deep understanding of both the law and medicine. NJ medical malpractice lawyers typically work on a percentage, also known as contingency fee basis. That allows anyone to have quality legal representation. It also means that the injury victim doesn’t pay a lawyer’s fee unless the New Jersey medical malpractice attorney wins a settlement or verdict for the client. If your medical malpractice lawyer obtains a settlement, the lawyer receives a portion of the recovery.

New Jersey court rules set the amount that a NJ medical malpractice lawyer can charge in a contingent fee arrangement. New Jersey Court Rule 1:27-7 sets the contingent fee at 33 1/3 percent. The percentage is reduced for recoveries of more than $500,000. When you hire a New Jersey medical malpractice attorney on a contingency fee basis, the lawyer will likely advance all out-of-pocket expenses for court costs and the costs of expert reports. At the end of the case, those costs are reimbursed before the legal fee is calculated. The contingency settlement is lower for cases involving minors.

For more than 30 years, the skilled attorneys at Davis, Saperstein & Salomon, P.C., have focused their legal talents on assisting people seriously injured through the carelessness of others. Our law firm, based in New Jersey, is highly regarded throughout New Jersey for the quality of the legal representation that our experienced NJ medical malpractice lawyers provide. We are justifiably proud of our record of success in representing more than 20,000 accident victims in cases including medical malpractice, automobile accidents, motorcycle accidents, trucking accidents, and other kinds of personal injury accidents.

Call our healthcare negligence lawyers today at (800) LAW-2000 or use our online form to receive a free initial consultation. Translators for all languages are available.

Home and Hospital Consultations Available—No Fee if No Recovery.

What is informed consent?

Before many types of medical procedures or surgeries, a doctor is required to get a patient’s informed consent to proceed. Basically, that means the patient is supposed to have made an informed decision about their medical treatment after a doctor has disclosed the potential risks and benefits of the treatment.

If the doctor or health care provider fails to obtain informed consent, the harmed patient may have a claim for damages. An experienced New Jersey medical malpractice lawyer can help you determine whether you have a claim and stand up for your interests if you file a lawsuit.

For more than 30 years, the skilled attorneys at Davis, Saperstein & Salomon, P.C., have focused their legal talents on assisting people seriously injured through the carelessness of others, including medical negligence. Our law firm, based in New Jersey, is highly regarded throughout New Jersey for the quality of the counsel and legal representation that our experienced NJ medical malpractice lawyers provide. We are justifiably proud of our record of success in representing more than 20,000 accident victims in cases involving medical malpractice, automobile accidents, motorcycle accidents, trucking accidents, pedestrian accidents and other kinds of personal injury accidents.

Call our healthcare negligence lawyers today at (800) LAW-2000 or use our online form to receive a free initial consultation. Translators for all languages are available.

Home and Hospital Consultations Available—No Fee if No Recovery.

What is the statute of limitations for filing a medical malpractice case?

Generally speaking, a New Jersey medical malpractice lawyer has two years from the date of the client’s injury to file a medical malpractice lawsuit. In some cases, a patient’s injury or harm isn’t immediately apparent after a medical procedure or surgery. Injuries may require specific training to recognize, and a patient may not know the cause of his or her injuries. Under the discovery rule, the two-year window for bringing a claim may be extended to start from the date the patient first learned, or should have learned, of the alleged negligence on the part of the doctor or hospital.

Medical malpractice cases are complex and costly to win. You should only hire a New Jersey injury lawyer who has experience handling malpractice cases and is well recognized as a NJ medical malpractice attorney.

The law firm of Davis, Saperstein & Salomon, P.C., representing clients throughout New Jersey, is highly regarded throughout the state for the quality of the counsel and legal representation that our medical malpractice attorneys provide. The focus of our practice is representing people who were injured in hospital and birth-related accidents caused by negligent physicians, nurses or other hospital workers. We are justifiably proud of our record of success in representing more than 20,000 accident victims in cases including medical malpractice, defective drugs, automobile accidents, motorcycle accidents, and other kinds of personal injury accidents. We have obtained millions of dollars in settlements and verdicts on behalf of our clients.

Birth-related injuries are subject to a separate statute of limitations for minors born after July 2004, which now requires lawsuits to be filed prior to age thirteen. For children born prior to July of 2004, the statute of limitations remains two years beyond the age of eighteen, or until age twenty.

For medical malpractice cases, there is a two-year discovery rule that, under certain circumstances, can extend the statute of limitations to two years from the date the injured knew or should have known that he or she suffered an injury due to medical negligence.

A 90 day tort claims notice requirement may apply if the malpractice was caused by a physician or medical worker employed by the State, County or State medical schools, such as UMDNJ, or if the malpractice occurred at a State or County Hospital. This means that a special form called a Tort Claims Notice must be completed and filed with the State and various governmental entities no later than 90 days after the event occurred or became known to the injured person. There are few exceptions to this rule. Failure to abide by this notice period may invalidate any claim you may have.

The determination of the exact date when the statute of limitations begins to run for professional malpractice negligence claims may require a highly technical analysis by a lawyer and may even require a ruling by a New Jersey Superior Court Judge. For that reason, it is recommended that any survivor or victim of medical malpractice consult with a New Jersey lawyer skilled in professional negligence claims as soon as possible.

Call our healthcare negligence lawyers today at (800) LAW-2000 or use our online form to receive a free initial consultation. Translators for all languages are available.

Home and Hospital Consultations Available—No Fee if No Recovery.

What is your medical malpractice case worth?

Medical malpractice cases are quite complicated. Experience has shown that it’s difficult to accurately estimate the value of a medical malpractice case at the outset. No reputable New Jersey medical malpractice lawyer or NJ medical malpractice attorney can put a value on your case until all the facts are laid out, including the health care provider’s facts.

Certain factors will affect the value of the case. The factors include the nature and extent of your injury, prior medical conditions, whether future surgery is foreseeable, any actions on your part that contributed to the injury, your economic losses as well as the quality and experience of the lawyer who represents you. Not all NJ personal injury lawyers have the time and financial resources to hire medical experts and successfully pursue a negligent doctor or hospital. It’s important to consult a trusted New Jersey medical malpractice attorney with years of experience handling medical malpractice cases.

For more than 30 years, the skilled attorneys at Davis, Saperstein & Salomon, P.C., have focused their legal talents on assisting people seriously injured through the carelessness of others. Our law firm, serving the residents of New Jersey, is highly regarded throughout the New York metropolitan area for the quality of the counsel and legal representation that our experienced medical malpractice lawyers provide. We are justifiably proud of our record of success in representing more than 20,000 accident victims in cases including medical malpractice, automobile accidents, motorcycle accidents, trucking accidents, pedestrian accidents and other kinds of personal injury accidents.

Call our healthcare negligence lawyers today at (800) LAW-2000 or use our online form to receive a free initial consultation. Translators for all languages are available.

Home and Hospital Consultations Available—No Fee if No Recovery.

What is an affidavit of merit?

It’s not in the public interest for a New Jersey medical malpractice lawyer to file frivolous lawsuits against doctors and hospitals. To prevent that, New Jersey requires a NJ medical malpractice attorney to get a doctor or medical expert to attest to the validity of the claim within 60 days of the filing.

A New Jersey medical malpractice lawyer must obtain an affidavit of merit from a similar physician spelling out the deviation from the accepted standard of care that constitutes the medical malpractice. An affidavit of merit serves as a check on frivolous lawsuits.

The importance of obtaining this affidavit should not be underestimated. Although it may sound simple, an affidavit of merit may be difficult or impossible to obtain. Quite often, fellow physicians and surgeons are not willing to participate in a case where someone decides to sue a doctor. Often, a New Jersey lawyer will find it necessary to look for his expert witnesses in other states such as New York or Pennsylvania. These medical malpractice expert witnesses can be very expensive, and they will get paid even if they find no deviation from medical standards.

The law firm of Davis, Saperstein & Salomon, P.C., of New Jersey, is highly regarded throughout New Jersey for the quality of the counsel and legal representation that our medical malpractice attorneys provide. The focus of our practice is representing people who were injured in accidents caused by the negligence of doctors and hospitals. We are justifiably proud of our record of success in representing more than 20,000 accident victims in cases including medical malpractice, defective drugs, automobile accidents, motorcycle accidents, and other kinds of personal injury accidents. We have obtained millions of dollars in settlements and verdicts on behalf of our clients, including medical malpractice victims.

Call our healthcare negligence lawyers today at (800) LAW-2000 or use our online form to receive a free initial consultation. Translators for all languages are available.

Home and Hospital Consultations Available—No Fee if No Recovery.

Davis, Saperstein & Salomon, P.C.

800 Inman Avenue
Colonia, New Jersey 07067
Phone: 732-510-1000

Davis, Saperstein & Salomon, P.C.

39 Broadway, Suite 520
New York, New York 10006
Phone: 212-608-1917

Davis, Saperstein & Salomon, P.C.

103 Carnegie Center, Suite 300
Princeton, New Jersey 08540
Phone: 1-800-LAW-2000

Davis, Saperstein & Salomon, P.C.

50 Tice Blvd., Suite 340
Woodcliff Lake, New Jersey 07677
Phone: 201-799-2369

Davis, Saperstein & Salomon, P.C.

One Gateway Center, Suite 2600
Newark, New Jersey 07102
Phone: 973-854-1000

Davis, Saperstein & Salomon, P.C.

Harborside Financial Center 2500 Plaza 5, 25th Floor
Jersey City, New Jersey 07311
Phone: 201-253-1023

Davis, Saperstein & Salomon, P.C.

33 Wood Avenue South, Suite 600
Iselin, New Jersey 08830
Phone: 732-379-5775

Davis, Saperstein & Salomon, P.C.

4400 Route 9 South, Suite 1000
Freehold, New Jersey 07728
Phone: 732-252-1158

Davis, Saperstein & Salomon, P.C.

1200 Route 22 East, Suite 2000
Bridgewater, New Jersey 08807
Phone: 201-907-5000

Davis, Saperstein & Salomon, P.C.

375 Cedar Lane
Teaneck, New Jersey 07666
Phone: 201-907-5000
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