Here at Falcon Law Firm, we are dedicated to protecting victims of medical malpractice, every step of the way. We offer our clients home and hospital visits for their convenience. When you choose Falcon Law Firm, you will receive the personal attention you deserve. Contact a medical malpractice lawyer from our firm today so we can get started working on your case.

Medical Malpractice Lawyer | Here for Those Harmed by Medical Professionals

Doctors are one of the most trusted professions in the world. When people are sick, they very often put their lives in the hands of a physician, trusting he or she will do everything in his or her ability to preserve their health and safety. Unfortunately, doctors do not always think of the patient first. The painful irony of having your health stolen away from someone who is supposed to restore it is brutal. This is why you must reach out to an experienced New Jersey personal injury lawyer today if you believe you are a victim of medical malpractice. The compensation you receive may be used to cover medical bills, in-home care costs, lost wages, and more.

Examples of Medical Malpractice

There are several different ways in which a physician may behave negligently. Some examples of medical malpractice are as follows:

Disregarding or ignoring appropriate patient history
Premature discharge
Failure to recognize symptoms
Failure to order proper testing
Surgical errors, such as surgical delays, wrong-site surgery, anesthesia errors, or surgical instruments being left in the body after a procedure
Poor follow-up or aftercare
Improper medication or dosage
Hospital infections
Failure to diagnose or misdiagnosis
Delayed diagnosis
Unnecessary surgery
Misreading or disregarding laboratory results

Proving Medical Malpractice

There are several standard qualifications for determining whether your physician is guilty of medical malpractice. The main factor in medical malpractice claims is whether your physician violated the standard of care. If he or she has acted negligently at any point in your treatment and you were significantly injured because of it, he or she most likely violated the standard of care. However, since medical malpractice cases are generally expensive, drawn-out processes, you must not only prove that your injuries are due to your physician’s negligence, but you must also have to prove that they have a significant impact on your life. If the damages are not significant enough, the cost of your case may be more than the eventual recovery. If you can prove the incident of medical malpractice led to disability, a loss of income, significant past and future medical bills, suffering, or unusual pain, you will most likely be entitled to financial compensation.

New Jersey’s Affidavit of Merit Requirement

New Jersey imposes a procedural requirement that has no equivalent in an ordinary negligence case. Under N.J.S.A. 2A:53A-27, a plaintiff bringing a medical malpractice claim must serve each defendant with an affidavit of merit within 60 days after that defendant files an answer to the complaint. The affidavit must come from an appropriately licensed expert, generally one practicing in the same specialty as the defendant, stating there is a reasonable probability that the care fell outside acceptable professional standards. A court may grant one extension of up to 60 additional days for good cause, but no more. Failure to serve a timely affidavit ordinarily results in dismissal with prejudice, meaning the claim cannot be refiled no matter how strong its merits.

Time Limits for Filing a Medical Malpractice Claim

Most New Jersey medical malpractice claims must be filed within two years of the date the injury occurred or was reasonably discovered. Claims involving a minor and claims against public entities follow different timelines, and a claim against a public hospital may require a notice of claim within 90 days.

Contact Falcon Law Firm Today

The medical malpractice attorneys at the Falcon Law Firm will do everything possible to settle your medical malpractice case out of court. Based on our experience, reputation, success, and diligent preparation of each case, most of our cases are settled without going to trial. No fees or costs unless you win. We do not charge any fees or costs unless and until we win your case. Our fees are based on a reasonable percentage of the amount we obtain for you. We never settle your case without your authorization.