Differences in New Jersey Medical Malpractice Law
4/26/2011
Comparison between New Jersey and other States
Medical malpractice attorneys from Gelman Gelman Wiskow & McCarthy LLC compare the differences between medical malpractice laws in NJ and other states. If you have been injured during a medical procedure or from a defective product in New Jersey, call our personal injury lawyers.
Medical Malpractice
Medical malpractice occurs if a healthcare professional, worker, supplier, or manufacturer is negligent or knowingly performs a service that causes a patient to be injured or die. Negligent acts such as diagnosis errors, medication errors, use of defective products, and surgical errors are examples of ways in which an individual can be seriously injured. An unconscionable act such as sexual abuse, nursing home abuse, psychological abuse, withholding treatment, and experimentation are also examples of medical malpractice.
The person or entity responsible for the malpractice should be held accountable for their actions. The injured person, known as the plaintiff, has the right to seek restitution from the party at fault, known as the defendant. The plaintiff can seek compensation for damages for the pain and suffering, medical expenses, out-of-pocket expenses, and loss of earnings the injury has caused him or her. A medical malpractice attorney should be retained to initiate a lawsuit against the defendant for these damages.
The nuts and bolts of medical malpractice cases are the same throughout the United States. New Jersey, like other states, has certain guidelines which need to be followed when filing a lawsuit for medical malpractice.
NJ Statute of Limitations
A statute of limitations is a law which specifies the amount of time which the plaintiff has to file a lawsuit. In NJ, the statute of limitations for cases of medical malpractice is two years. If the medical malpractice was discovered at a later time, the plaintiff has two years from when the injury from the medical malpractice was discovered.
NJ Attorney Fees
Attorney fees for medical malpractice cases are limited in New Jersey as well as over 20 other states. According to the American Academy of Family Physicians, the NJ attorney fee limits are:
- Cannot exceed 1/3 of the first $500,000;
- Cannot exceed 30% of the next $500,000;
- Cannot exceed 25% of the third $500,000;
- Cannot exceed 20% of the fourth $500,000;
- Limit of 25% for cases where the plaintiff is a minor; and
- Limit of 25% for cases where the plaintiff is incompetent.
These two laws give a brief glimpse of how New Jersey compares to other states with regard to medical malpractice. If you would like to learn more about how New Jersey practices medical malpractice cases, contact Gelman Gelman Wiskow & McCarthy at (973) 366-3900, or complete our web form. We have convenient offices in Morris, Middlesex and Bergen County, New Jersey. If you cannot get to our office we will arrange to meet you in another location. Call us today for a free consultation of your medical malpractice case.