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With their years of training and strict licensing procedures, doctors, nurses, and other healthcare professionals should treat every patient with the utmost level of skill and care. Yet the fact remains that thousands of patients are injured or killed every year due to poor medical care. If the care a medical provider gave was outside the professional standards a provider in a similar position would have met, they may have committed malpractice.
If you are ready to take action, a Trenton medical malpractice lawyer could help you determine the validity of your claim. By working with medical experts to identify whether a doctor failed to meet their professional standard, an attentive injury attorney could pursue your claim for maximum compensation. En Español.
What Counts as Medical Malpractice?
Identifying whether a doctor’s actions constitute malpractice can be difficult. Any care that falls below the acceptable standard for a medical professional may be considered malpractice. To determine whether the care you received fell below this standard, it may be helpful to ask whether a competent medical provider would have acted the same way when faced with the same patient.
This question examines the totality of the circumstances that led to the treatment given by the doctor. It examines the patient’s complaint, their overall health, the facilities available to the doctor, and the medical research available at the time.
Common examples of medical malpractice include:
- Failure to diagnose in a timely manner
- Improper conduction of surgeries or other medical procedures
- Failure to sterilize equipment properly
- Improper administration of medication
A Trenton medical malpractice lawyer could evaluate your case to help you decide whether a doctor failed to meet their professional standard and thereby caused you harm.
Special Requirements in Trenton Cases
Medical malpractice cases in New Jersey combine all the usual requirements of personal injury cases with the complexity of a scientific inquiry. This is because you not only must prove that the defendant caused your injuries but also that he or she violated the standard of professional care upheld by all medical professionals.
Working with Experts
To accomplish this, you must consult with and obtain the services of a medical expert. This expert will examine the care provided by the defendant doctor, determine whether this care violated the professional standard of care, and testify on your behalf in court. This is a requirement of filing a complaint in Trenton.
New Jersey Revised Statutes §2A:53A-27 states that plaintiffs must submit an affidavit completed by a medical expert to the defendant within 60 days of the receipt of the defendant’s answer to the original complaint. This affidavit must state that there is a reasonable probability that the care provided by the medical professional failed to meet the acceptable standard expected from the defendant.
Statute of Limitations
The other important deadline in medical malpractice claims is the state’s statute of limitations. N.J. Stat. §2A:14-2 gives plaintiffs only two years from the discovery of the alleged malpractice to file a case in court. While this time limit may be extended in certain situations such as those where the injured person was a minor or suffers from a mental health condition, it is fair to assume that this rule applies to most every plaintiff.
How a Trenton Medical Malpractice Attorney Can Help
Few injuries are as unexpected or demoralizing as those inflicted by a negligent medical provider. Even something as simple as failing to perform a routine test or poorly conducting a procedure can cause long-lasting, life-changing injuries. When these injuries are inflicted by a negligent doctor, dentist, or hospital, you can demand compensation.
A Trenton medical malpractice lawyer could take the lead in these claims. We work to investigate the allegations, gather vital evidence, consult with experts in the relevant medical field, and demand compensation in settlement negotiations and trials. There is a limited time to file a claim and these cases are complex. Contact us immediately to let us get to work for you.