Question 1

Must a malpractice suit be filed in the state where treatment was received, or can I file in another state?

Accepted Answer

Normally, a lawsuit must be filed in the state where care was received. The exception is when the medical facility or health care professional also does business or resides in your home state. For example, some medical institutions and physicians groups operate in multiple states.  Our law firm only handles medical malpractice cases within New Jersey.

Question 2

What is a tort reform and how does it affect my malpractice claims?

Accepted Answer

Many state governments have passed legislation to limit the amount of damages that can be awarded in malpractice lawsuits. This is known as tort reform, and it is designed to help manage the increasing insurance rates that physicians pay. Currently New Jersey only limits punitive damage amounts by law. Punitive damages are sought in a malpractice claim when a healthcare professional acted maliciously. In contrast, compensatory damages, which are commonly sought, cover lost wages, pain, suffering, future earning losses, and treatment costs – and these damages are not limited in medical malpractice cases in NJ.

Question 3

What is the time limit for filing a medical malpractice lawsuit?

Accepted Answer

States set time limits for filing lawsuits. In New Jersey, a patient must file within two years of discovering the injury. This date may be different from the date that the negligent action actually occurred. For example, you may have surgery and realize a month later that you’ve been harmed during the procedure. It is recommended that you contact a qualified attorney as soon as you become aware of a health problem caused by medical negligence.

Question 4

Can a malpractice case be re-filed after a settlement is accepted?

Accepted Answer

One of the reasons you need expert legal representation in a medical malpractice case is because these suits cannot normally be reopened once you have signed documents accepting compensation and releasing the doctor, nurse or hospital from liability. The insurance company representing a physician or hospital may offer you a settlement when you notify the provider of the harm suffered. A malpractice lawyer will know if what you are being offered is fair, or if the proposed settlement should be rejected, with the case instead being filed as a lawsuit.

Question 5

Who can be the defendant in a medical malpractice lawsuit?

Accepted Answer

Any healthcare provider who is licensed to practice or work in New Jersey could be liable for medical negligence. Providers can include individual defendants, such as doctors and nurses. They can also be organizations, such as hospitals, medical centers, nursing homes, or pharmacies. Our law firm can assist you in determining if the person or entity that caused you harm is a provider with liability under New Jersey law.

Question 6

Can you sue for what potentially could have occurred during a medical procedure?

Accepted Answer

If no harm occurs to you, it may not be cost effective to pursue a malpractice lawsuit.Even if you learn of a safety, professional or ethical issue involving your procedure, these problems, alone, do not justify a malpractice lawsuit. Also, a misdiagnosis on its own is probably not grounds for a lawsuit. However, if this misdiagnosis caused harm and was due to negligent care, you will want to speak to an attorney regarding your options.

Question 7

What is informed consent?

Accepted Answer

Hospitals and medical providers ask patients to sign informed consent forms. These documents advise patients of the risks associated with treatments or surgeries. If you sign a consent, you are stating that you understand any medical risks and agree to proceed with treatment. Informed consent forms do not shield the physician who has been negligent. If there is evidence of malpractice, a claim or lawsuit can be filed.

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