If you are experiencing injury or illness after being treated by a doctor or receiving care from another medical professional, it could be a case of medical malpractice. In a medical malpractice case, you may be entitled to pursue economic damages to cover your expenses and lost wages, non-economic damages to compensate you for the pain and suffering you have experienced, and punitive damages to punish the negligent medical professional who harmed you. To receive compensation, you must first prove:
- You were owed a professional duty of care
- The defendant breached that duty, and
- Your injuries were caused by that breach
Unlike some other types of personal injury cases, the duty of care owed by medical professionals is established except in some limited circumstances. Proving that a medical professional was negligent in that duty can be a bit more complicated. Here’s how negligence is defined in medical malpractice cases in New Jersey and Pennsylvania:
How is Negligence Defined in a Medical Malpractice Case?
When medical professionals commit medical malpractice, it means that they have deviated from the accepted standards of medical care – whether because of negligent or unskilled treatment, or because of intentional actions – resulting in an injury to their patient. To prove malpractice, your lawyer must first define the applicable standard of medical care. In court, this will usually be accomplished by calling an expert witness. The witness will help establish the generally accepted standard of medical care to demonstrate how a defendant’s actions deviated from that standard.
For example, a spine surgeon might testify that, in a spinal fusion surgery, a metal plate should be anchored to the vertebra with screws, taking care to avoid severing the spinal cord. If a surgeon installed those screws in the wrong location, causing a patient to become paralyzed, it could be established that those injuries came as the result of the surgeon’s mistake.
Of course, surgeons aren’t the only medical professionals who can be liable for malpractice. You may be able to bring a medical malpractice case against nurses, dentists, pharmacists, or any licensed medical professional who has a doctor-patient relationship with you.
Other Requirements for Medical Malpractice Cases
If you want to bring a medical malpractice lawsuit successfully, you will have to overcome some hurdles first. In both New Jersey and Pennsylvania, you must first obtain a Certificate of Merit – known as an Affidavit of Merit in New Jersey – from a qualified expert who has reviewed your case and issued a written opinion that the defendant’s actions were not consistent with the established standard of care. This certificate must be submitted within 60 days of the lawsuit being filed for the case to move forward.
Medical malpractice lawsuits must also be filed within two years of the date on which the medical malpractice was discovered or should have been discovered. Even in cases where the injury was not discovered immediately, the lawsuit must be filed within seven years. There are some exceptions to these rules, so it is best to speak with an experienced medical malpractice attorney who can advise you on the best way to proceed.
Medical Malpractice Attorneys in New Jersey and Pennsylvania
If you or a loved one has been injured or killed by a negligent medical professional, we can help you pursue the compensation you deserve. Contact our team immediately if you need a medical malpractice lawyer in Burlington County or anywhere else in NJ or PA.