Medical providers in Hackensack owe their patients an extremely high duty of care. When these providers behave unreasonably under the circumstances, and a patient suffers an illness or injury, the healthcare provider may be subject to medical malpractice legal action.
Medical negligence and malpractice victims must take legal action within a relatively short time. Therefore, if you believe you are the victim of medical malpractice or negligence, you should retain a knowledgeable Hackensack medical malpractice attorney as quickly as possible to represent you throughout your case.
The Hackensack Medical Malpractice Lawyers at Reinartz Law Firm are ready to help you every step of the way. We have a strong track record of favorably settling medical malpractice cases for our clients and successfully litigating those cases in the court system.
In fact, we have recovered millions of dollars in monetary compensation for our clients through settlements and courtroom jury verdicts. One such case resulted in an $8.75 million settlement where we represented multiple parties in a confidential class action case.
Our legal team can promptly investigate your medical malpractice incident and help you take the legal steps necessary to recover the monetary compensation you deserve. We will be by your side every step of the way advocating for you, protecting your legal interests, and helping you maximize your monetary damages.
Please contact Reinartz Law Firm today for a free case evaluation and legal consultation with a knowledgeable Hackensack medical malpractice lawyer.
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What Is Medical Malpractice?
A medical provider commits an act of medical negligence or malpractice when they provide a level of medical care that is negligent or substandard. As a result of a healthcare provider’s negligent actions or inactions, the patient must suffer an illness, injury, or some other medical complication. Sometimes, a medical provider’s malpractice is so severe that it causes the patient to suffer a lifelong injury or even death.
The experienced Hackensack medical malpractice attorneys at Reinartz Law Firm can help you determine whether your unique situation fits the definition of medical malpractice. If so, we can help you pursue a claim or lawsuit against the negligent medical provider or medical facility for the monetary compensation and damages you deserve.
What Is the Statute of Limitations for Medical Malpractice in New Jersey?
Victims of medical negligence and malpractice in New Jersey must file their lawsuit within the prescribed statute of limitations period. In New Jersey, a medical malpractice victim must file a lawsuit against a healthcare provider or medical facility within two years of the injury date or the date a reasonable patient should have become aware of the injury or medical condition.
If the affected patient fails to file their medical malpractice claim within this two-year time period, and the statute of limitations runs in their case, they will no longer be eligible to recover monetary compensation and damages for their medical complication. Moreover, if they try and file a lawsuit after the deadline expires, the court will promptly dismiss their claim.
Although some exceptions apply to this two-year statute of limitations for medical malpractice, including mental incapacity and not reaching the age of majority, these exceptions are extremely rare. Therefore, you should always assume that the two-year statutory period applies to the facts and circumstances of your case.
Given the relatively short statutory time in New Jersey, you should file your medical malpractice lawsuit as quickly as possible to safeguard your right to monetary damages.
What to Do After an Accident?
After a medical malpractice injury, consult a second medical professional and follow their treatment plans strictly. Keep all records following the incident—this means copies of medical bills from your initial and second provider(s). When you meet with our attorneys, bring everything you have with so we can analyze and evaluate it.
What Is the Affidavit Requirement in a Hackensack Medical Malpractice Case?
In addition to satisfying the statute of limitations for medical malpractice, an injured patient must also satisfy the medical affidavit requirement to recover monetary compensation and damages in their case.
According to this requirement, the injured patient must supply an affidavit of merit, indicating that it is reasonably likely that their medical condition resulted from negligent medical treatment. In most instances, a qualified medical expert must state under oath, and to a reasonable degree of medical probability, that a medical provider or medical facility’s behavior fell outside accepted medical community standards.
An injured patient must submit this affidavit within 60 days after the date on which their medical provider supplied a formal answer to the complaint that they filed. However, in some circumstances, New Jersey courts have the discretion to allow an additional 60 days for the injured patient to submit their affidavit. However, for this exception to apply, there must be reasonable cause for an extension.
In addition, the medical provider who supplies the affidavit of merit in your medical malpractice case must ordinarily be a qualified medical expert who partakes in active medical practice. The medical provider supplying the affidavit should also teach at an accredited medical school and work in the same specialty area as the medical provider you are suing in your medical negligence case. Finally, the medical provider who supplies the affidavit should practice medicine in an area related to your medical condition.
Supplying the necessary medical affidavit is extremely important in your case. In fact, if you do not supply the necessary affidavit for the healthcare provider or medical institution you are suing, a court will promptly dismiss your case.
How Do I Prove Medical Negligence?
The injured patient has the sole legal burden of proof in a New Jersey medical malpractice claim or lawsuit. This means that they must satisfy several legal elements to recover appropriate monetary compensation for their injury or illness. On the other hand, the medical provider does not need to prove anything in a medical negligence or malpractice case.
In general, an injured patient must satisfy four legal elements to recover the monetary compensation they deserve. First, through various types of evidence, they must legally demonstrate that their medical provider deviated from the prevailing standard of care in some way.
In many situations, the applicable standard of care in a medical malpractice case is that of a hypothetical reasonable doctor who is acting under the same or similar circumstances—and in the same geographical area. In many instances, the law holds medical specialists, such as orthopedic doctors and cardiologists, to a national standard of care.
A patient must also demonstrate that a health care provider or facility breached their duty of care and that this breach caused the subject medical complication. Finally, the patient must demonstrate that as a direct and foreseeable result of the medical provider or facility’s negligence, they suffered one or more complications, including additional injuries or illnesses.
Proving the legal elements of a medical malpractice or negligence claim can be an uphill battle. This is because medical providers and their insurance companies often have strong lawyers advocating for them. The primary goal of the medical provider’s insurance company is to pay you as little monetary compensation as possible. After all, the insurance company does not make any money by having to pay out a sizable monetary settlement, jury verdict, or binding arbitration award.
The experienced Hackensack medical malpractice attorneys at Reinartz Law Firm can help you satisfy the legal elements of your claim to recover the full monetary damages you deserve for your malpractice-related injury or illness. We can help you gather the necessary evidence, communicate with insurance company adjusters, and present your evidence in court, if necessary, to maximize the financial recovery you receive due to a medical provider’s negligence.
Common Examples of Medical Malpractice in Hackensack
Medical malpractice and negligence in New Jersey can take several forms. In almost all situations, medical malpractice occurs when a healthcare provider does something that a reasonable medical provider should not have done under the same or similar circumstances. Alternatively, the medical provider might have failed to do something that a reasonable medical provider should have done in the same situation.
Our skilled legal team of Hackensack medical malpractice attorneys can help you determine whether a particular set of actions or inactions likely amounted to medical negligence.
Some of the most examples of medical malpractice include:
- Failing to properly diagnose a patient’s medical condition
- Misdiagnosing the patient’s medical condition
- Failing to render the proper medical treatment or care for a patient’s injury or illness
- Prescribing the incorrect medication to treat the patient’s illness or injury
- Performing surgery or another medical procedure incorrectly
- Leaving an instrument, such as a surgical tool or sponge, inside a patient’s body following a medical procedure
- Performing the incorrect medical procedure on a patient
- Failing to attend the patient’s consent before performing a medical procedure
- Mistreating a patient or abusing them in some way
If you believe that you are a victim of medical malpractice, the experienced team of Hackensack medical malpractice attorneys at Reinartz Law Firm can help. We can promptly evaluate your condition and determine if you’re eligible to bring a medical malpractice claim or lawsuit against a specific medical provider. If you are, we can assist you every step of the way and help you file the necessary documents to recover the monetary compensation you deserve.
Finally, we can assist you in your dealings with the insurance company and help you negotiate favorable settlement compensation. If the negligent medical provider’s insurance company refuses to offer you the full monetary damages you deserve, we can file a lawsuit and litigate your case in the New Jersey Court System.
What Damages Can I Recover in a Medical Malpractice Claim?
If you can legally prove each and every element of your medical malpractice claim, you can recover various types of monetary compensation and damages. First, you can recover economic damages for the costs of all related medical treatment, including both past and future medical care.
You can also receive monetary damages for any corrective surgery that you have to undergo, along with medical testing and imaging costs. Your claim should include economic damages for additional hospital visits, assistive medical equipment that you may need, and lost wages if you had to miss time from work following the medical malpractice incident.
In addition to these economic damages, you may be eligible to recover various types of non-economic compensation for your injuries and medical complications. First, you can recover monetary damages for all of your pain, suffering, and inconvenience. You may also receive financial recovery for your mental anguish and emotional distress.
Next, if you suffered a permanent disability or disfigurement injury, you can recover monetary damages for those complications. Finally, you can receive non-economic damages for your lost quality of life, lost spousal companionship, loss of your reputation, and humiliation from a disfiguring injury.
The experienced Hackensack medical malpractice attorneys at Reinartz Law Firm can determine which of these damages you may be eligible to recover as part of your medical negligence claim or lawsuit. We can then set about maximizing the monetary compensation you recover via settlement or litigation.
Can I Recover Punitive Damages in My Medical Malpractice Case?
In some cases that involve medical negligence and malpractice, an injured patient may be eligible to recover punitive damages. The purpose of punitive damages is to punish the wrongdoer medical provider for egregious or excessively reckless conduct that they committed against you.
New Jersey law limits punitive damages in a medical malpractice lawsuit to $350,000, or five times the total compensatory damages that a jury awards in a medical malpractice case. A knowledgeable Hackensack medical malpractice lawyer at Reinartz Law Firm can determine if your case warrants a punitive damage award. If it does, we can work to maximize the punitive damages that you recover in your case.
Why Choose Us
With offices in Hackensack and New York, Reinartz Law Firm has a successful record of helping clients with medical malpractice claims. Since its founding, the firm has become a multiple award-winning organization of national acclaim.
Our recent cases include a $325,000 medical malpractice recovery for one of our clients.
No matter the situation, Reinartz will always prioritize you with empathy and understanding. We will investigate your case to the last detail, ensuring the best path to recovery. As you focus on recovery and your loved ones, our dedicated attorneys will manage all legal processes for you.
The Hackensack office is conveniently located in the Court Plaza, near the banks of Hackensack River. Contact us for a meeting via phone, video conference, or in-person visit. We offer free consultations for any questions you may have and to tell you more about the ways Reinartz Law Firm can help you get back on your feet.
Contact a Knowledgeable Hackensack Medical Malpractice Attorney about Your Options Today
If you believe that you are the victim of medical negligence or malpractice, you should speak with experienced legal counsel at Reinartz Law Firm right away. Waiting too long may prevent you from recovering the full monetary damages you deserve for your medical complication, injury, or illness.
For a free case evaluation and legal consultation with an experienced Hackensack medical malpractice lawyer, please call us today at (201) 778-4878 or contact us online to learn more.
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