Medical malpractice is a medical professional’s act or failure to act, which constitutes a violation of the standard of care in that professional’s geographical location and area of expertise, and which results in injury or loss. Malpractice may be the result of negligence, ignorance, or intentional wrongdoing, and includes things such as misdiagnosis’s, surgical mistakes, medication errors, and unreasonable delays in treatment. According to the National Practitioner Data Bank, 7,762 medical malpractice payment reports were made against physicians in New Jersey between 1990 and 2003.
A large part of a medical malpractice claim is the standard of care in the provider’s particular geographical location and practice area. In order to establish substandard care, a Plaintiff must present expert testimony regarding the standard of care in their particular case. In New Jersey, the Plaintiff must, within sixty (60) days of the Defendant filing his or her answer to the complaint, file an affidavit from a licensed professional stating that there exists a reasonable probability that the care, skill, or knowledge exercised fell outside acceptable professional standards or treatment practices. The person executing the affidavit must meet the qualifications of an expert, have board certification in the area of practice the litigation involves, or have at least five years’ experience in said field. These requirements may be waived under limited circumstances. Filing of the affidavit may be waived if the Plaintiff provides a sworn statement that the Defendant failed to provide medical records or information having a substantial bearing on the preparation of the affidavit, a signed authorization for release of the records was provided to the Defendant by certified mail or in person, and at least forty-five (45) days have elapsed.
Recoverable damages in New Jersey medical malpractice claims may include reimbursement for medical bills, lost earnings, and pain and suffering. Just as with any personal injury, a claim for medical malpractice must be filed within two years. However, New Jersey law provides that the cause of action does not accrue so long as the Plaintiff is reasonably unaware of the injury or that the injury is due to the fault of an identifiable person.
Sources:
N.J. Stat. Ann. §§ 17:30D-1 to 17:30D-17. President v. Jenkins, 814 A.2d 1173, (2003 N.J. Super)
LexisNexis: N.J. Stat. § 45:9-19.17, 17:30D-1-D-31, et seq., 2A:53A-27, 2A:53A-28
Savage v. Old Bridge-Sayreville Medical Group, 417, 616 A.2d 1307 (App. Div. 1992)
For further details visit New Jersey Personal Injury Lawyer or wants an appointment contact Bergen County Medical Malpractice Attorney here: Law Offices of Jeffrey S. Hasson, P.C. 320 Cedar Lane Teaneck, NJ 07666
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