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It is one thing to be disappointed by trusted service providers, but it is another thing to be harmed by a medical professional. If you were hurt by a doctor’s incompetence or negligence, you may be able to seek compensation with the help of a skilled personal injury attorney.
National Practitioner Data Bank numbers indicate that each year approximately 1,000 residents of New Jersey report improper medical care. If you have been harmed by the wrongful acts or inaction of a medical professional, a Vineland medical malpractice lawyer may be able to assist you in filing a lawsuit.
Medical Negligence in Vineland
A medical malpractice claim is a two-fold endeavor. A plaintiff must demonstrate both that a doctor’s conduct fell below the medical field’s required standard of care and that his or her failure to meet this standard was the legal cause of a plaintiff’s injuries.
Affidavit for Lack of Care in Vineland
New Jersey Revised Statutes §2A:53A-27 states that an action for medical malpractice requires an affidavit for lack of care. A claimant is mandated to seek support for his or her assertions with an expert opinion within 60 days of the doctor’s answer to a malpractice complaint.
An affidavit for lack of care is a sworn statement by a relevant expert in the field of medicine and declares that the defendant’s conduct fell outside acceptable treatment practices. A Vineland medical malpractice attorney should be informed on deadlines for the litigation process and could help you prepare your cases.
Alternative Dispute Resolution
Judges may refer a medical malpractice claim to a free alternative dispute resolution proceeding. Codified by N.J.R.S. §2A:53A-39, this mediation meeting is intended to encourage resolution or settlement prior to a formal trial.
Judicial orders for a dispute resolution must be made within 30 days of closing the evidence-discovery period. An experienced medical malpractice lawyer in Vineland could advise you on how these processes may progress in your case.
Damages in Vineland Medical Malpractice Lawsuits
A plaintiff in Vineland may seek compensatory damages in a malpractice claim to reimburse him or her for monetary losses such as medical bills, as well as intangible harms like mental anguish and loss of enjoyment of life. Additionally, N.J.R.S.§2A:15-5.10, allows a jury to issue punitive damages to punish the medical practitioner for malicious or negligent behavior.
Awarded for aggravating circumstances, punitive damages are intended to deter a medical professional from repeating the malpractice in the future. Intentional actions or reckless disregard for consequences may be grounds for a civil court awarding these damages. For help with recovering damages, reach out to one of our dedicated lawyers.
Judicial Review of a Damages Award
If a medical malpractice lawsuit does go to trial and a jury awards the claimant monetary damages, the judge has the option to alter the amount. Per N.J.R.S. §2A:53A-42, judges may add to the amount of money awarded or reduce the award based on a review of all evidence presented at trial. The former is called an additur, and the latter is a remittitur.
Call a Vineland Medical Malpractice Attorney Today
If a doctor or other medical professional harmed you through negligent conduct, a Vineland medical malpractice lawyer might be able to help. An experienced attorney could be your advocate throughout the legal process, so schedule an appointment today to learn what may be possible in your case.