According to studies by Johns Hopkins University (JHU), more than 250,000 deaths occur each year due to medical mistakes—making these errors the third leading cause of death in the United States. Medical negligence causes countless injuries and illnesses in Hoboken each year.
Here at Maggiano, DiGirolamo & Lizzi P.C., we want you to know that you are not alone in your fight for justice. If you have been the victim of an act of medical malpractice, you may be eligible for compensation for your pain and suffering.
A Hoboken medical malpractice lawyer can be there to handle all your legal needs, from filing claims to gathering evidence and beyond. If needed, our attorneys can even represent your case at trial and assist with settlement negotiations. Above all else, our firm can be there to work on your proceedings while you focus on your ongoing recovery.
To learn more about our services at Maggiano, DiGirolamo & Lizzi P.C., contact a representative today at (201) 890-4838 and receive your free consultation.
The Four Elements of Medical Negligence
Generally, civil courts identify four requirements for a successful medical malpractice claim. If there is adequate proof of these elements, the accused party may be held liable for your losses. The four elements of medical negligence are as follows:
- Duty of care: The accused party owed you a professional duty of care.
- Breach of duty: The duty of care was not upheld.
- Cause of injury: There is a definitive link between the breach of duty and your injuries.
- Presence of damages: You suffered losses from the negligent party’s actions.
For a free legal consultation with a medical malpractice lawyer serving Hoboken, call (201) 585-9111
Recoverable Damages in Medical Malpractice Cases
Under New Jersey law, you may be eligible to receive economic and non-economic damages in a medical malpractice claim. Examples of recoverable damages include:
- Lost wages and diminished earning capacity.
- Medical expenses for past care, current care, and future care.
- Mental anguish, including loss of companionship with loved ones and negative effects on your quality of life.
- Disfigurement.
- Impacts on your societal standing or social life.
- Accommodations for disabilities, including specialized medical devices.
- Physical pain.
When filing a claim, you can seek to recover economic damages from a medical professional’s insurance provider. However, if you wish to recover non-economic damages, including mental anguish, you will need to file a lawsuit against the offender or their employer.
Here at Maggiano, DiGirolamo & Lizzi P.C., we can work to document and calculate your unique damages. That includes estimating expenses you will face in the oncoming months and years following your proceedings. In fact, if you decide to retain a Hoboken medical malpractice lawyer at our firm, we can even call upon third-party experts to help assign values to your intangible suffering.
To learn more about calculating damages in Hoboken, contact a Maggiano, DiGirolamo & Lizzi P.C. representative today at (201) 890-4838 for your free consultation.
Hoboken Medical Malpractice Lawyer Near Me (201) 585-9111
Understanding the Effects of Contributory Negligence
Medical professionals often attempt to deflect responsibility in medical malpractice claims. As such, the accused party may claim that you contributed to your own injuries, either by disregarding their medical advice or by exacerbating the injury in some other way.
Thankfully, the court will examine all the contributing factors before assigning liability in medical malpractice claims. According to New Jersey Revised Statutes (NJ Rev Stat) §2A:15-5.1, you can still receive compensation as long as you are not 50% or more responsible for your injuries.
However, if the court finds you to be partially liable, your final settlement can be reduced proportionately. For example, if you are awarded $100,000 in damages, but you were 30% liable, your settlement may fall to $70,000.
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Examples of Medical Malpractice
Medical malpractice takes many forms, including physical negligence, improper advice, neglect, and more. Examples of medical malpractice may include, but are not limited to:
- Failure to advise patients on the risks associated with certain medications, medical devices, or procedures.
- Prescribing dangerous medications, including over-prescribing.
- Subjecting patients to emotional, physical, or sexual abuse.
- Causing birth injuries, including injuries to the mother.
- Failure to test for relevant conditions, potentially leading to a missed diagnosis.
- Providing inaccurate or untimely diagnoses.
- Allowing infections to spread or worsen.
- Failure to provide adequate medical care to the best of their ability.
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Liable Parties in Medical Malpractice Claims
In most medical malpractice claims, the employer or insurer of the negligent party is liable for their actions. Even so, victims may bring claims against many different entities, including the following:
- General practitioners
- Medical specialists
- Surgeons
- Nurses
- Hospitals, medical practices, urgent cares, nursing homes, and other facilities
- Laboratories that perform medical testing
- Manufacturers of dangerous medications
Medical Malpractice Lawyers Fighting for Justice in Hoboken
When you retain a Hoboken medical malpractice lawyer at Maggiano, DiGirolamo & Lizzi P.C., our team of legal professionals can assist throughout your proceedings. Perhaps most importantly, our firm can offer advice on the laws and guidelines that govern medical malpractice claims in Hoboken, thereby giving you one less thing to worry about during this stressful time.
You should know that NJ Rev Stat §2A:14-2 dictates a two-year statute of limitations on most medical malpractice claims, with exceptions for certain cases involving minors. If you fail to file a claim within this two-year period, the court may revoke your eligibility for compensation.
Moving forward, our team can address any questions or concerns you may have during your free consultation. To get started, contact Maggiano, DiGirolamo & Lizzi P.C. today at (201) 890-4838.
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