New Jersey imposes a strict two-year statute of limitations for medical malpractice cases. As such, you have only two years from the date you suffered an injury or from the date you reasonably should have known you suffered an injury to file a medical malpractice lawsuit. This highlights the importance of seeking the skilled legal guidance of our experienced Ocean County medical malpractice lawyers at Ginsberg & O’Connor early on.
The Affidavit of Merit
In New Jersey, every medical malpractice lawsuit must include an affidavit of merit (AOM){:target=”_blank” rel=”noopener”}. This is a sworn statement by a licensed medical professional who has the necessary qualifications. In it, the medical professional must state that there is a reasonable probability that the care provided by the defendant didn’t reach the profession’s accepted standard.
Medical malpractice lawsuits in Ocean County, NJ, are filed with the Superior Court of New Jersey, Law Division, in Ocean County. Once the lawsuit is filed and the defense formally responds, you have 60 days to file the AOM.
Is it Medical Malpractice?
Like people in every other profession, medical providers make mistakes, and not all of them amount to medical malpractice. For medical malpractice to apply, the medical practitioner must have stepped outside the accepted standards established by the medical profession.
Very generally, medical malpractice means that the doctor or medical provider didn’t uphold the same level of care that their medical peers would have under similar circumstances. Medical peers here refer to other qualified medical providers at the same practice level. In other words, the care provided by a nurse is held to a different standard than the care provided by a doctor, and a doctor’s care is held to a different standard than a specialist.
Errors that Generally Qualify as Medical Malpractice
Medical malpractice can take many forms. Common examples include mistakes related to medications, diagnoses, treatment protocols, and birth injuries. There are some errors, however, that are so egregious they should never happen, and they are often called never events as a result, including:
- Leaving a surgical tool inside the patient
- Operating on the wrong patient or on the wrong body part
- Performing the wrong surgery on a patient
While never events are not automatically deemed medical malpractice, they do require strict reporting. And if the patient suffered an injury as a result, medical malpractice is very likely to apply. Regardless of the form medical malpractice takes, the legal intricacies are exceptionally challenging, and professional legal representation is always advised.
Turn to Our Experienced Ocean County Medical Malpractice Attorneys for the Help You Need
Our knowledgeable Ocean County medical malpractice lawyers at Ginsberg & O’Connor are committed to skillfully advocating for the best possible claim outcome on your behalf, and we have the legal skill and insight to make a real difference. Learn more about how we can help by contacting us online or calling our firm at 856-727-1991 today.