Morris County, New Jersey Medical Malpractice Lawyer

Do I Need a Morris County, New Jersey Medical Malpractice Lawyer?

When a physician harms a patient because of an act of negligence or malpractice, he or she must be held accountable. Here at Macri Law, we believe that those who’ve been wrongfully harmed at the hands of a careless individual are entitled to compensation, no matter who caused the injury. If you’ve been hurt and require competent legal representation, you can rely on a Parsippany, New Jersey personal injury lawyer here at our firm to fight for you.

What Is an Affidavit of Merit and Why Does It Matter?

New Jersey requires something in medical malpractice cases that most states do not. Within 60 days after the defendant files an answer, the plaintiff must serve an Affidavit of Merit, which is a sworn statement from an appropriately licensed professional confirming there is a reasonable probability that the care fell outside acceptable professional standards. A court may extend that deadline once, to a total of 120 days, for good cause.

Missing it is usually fatal. Failure to serve a timely Affidavit of Merit ordinarily results in dismissal of the case with prejudice, meaning it cannot be refiled, no matter how strong the underlying malpractice claim was. This is why malpractice claims need to reach a lawyer early: the expert who signs the affidavit has to be identified, retained, and given the records in time.

Common Physician Errors

Unfortunately, surgeons and other physicians aren’t perfect–no one is. Because of this, there are times when physicians simply don’t take the best course of action and harm their patients as a result. Just some of the most common physician errors that our firm sees are as follows:

• Diagnosis Errors
• Birth Injuries
• Medication Errors
• Neurological Injuries
• Surgical Errors
• Anesthesia Errors

Proving a Medical Malpractice Claim in New Jersey

In the state of New Jersey, to win a medical malpractice claim, you will have to prove that the medical professional in question acted in such a way that a reasonable physician would not have acted and that the physician’s actions resulted in you sustaining a serious injury as a result. For example, a reasonable and competent physician would never forget to leave a surgical instrument inside of a patient’s body. If a physician does this and a patient is injured as a result, the patient will most likely have a valid medical malpractice claim.

That said, proving medical malpractice claims isn’t always easy. Often, physicians who are accused of medical malpractice will hire aggressive legal representation who will work to debunk your claim of malpractice at every turn. For this reason, you must do the same, and hire a competent Morris County, New Jersey medical malpractice lawyer who can fight for the compensation you deserve and need to get back on your feet again.

How Long Do I Have to File a Medical Malpractice Claim in New Jersey?

In most cases, victims of medical malpractice in New Jersey will have two years from the date of the malpractice to file a claim. That being said, if you did not know and could not reasonably have known that you were harmed, the discovery rule may delay the start of the clock, but it is always best to speak with an attorney as soon as possible. Claims involving children follow different rules, and a claim for an injury sustained at birth has its own deadline, explained on our birth injuries page. You should also know that if you’re looking to bring a claim against a public hospital or a government-employed provider, these claims require written notice within 90 days.

Contact a Morris County, New Jersey Medical Malpractice Lawyer

Careless medical professionals deserve to be held accountable for the damage they cause to their patients. Our firm is dedicated to helping victims of medical malpractice and negligence throughout the state of New Jersey, and we are prepared to put our knowledge and experience to work for you. Contact Macri Law today to schedule yourinitial consultation with our legal team.