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) 585-9111 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.
After thirteen surgeries, multiple procedures and over two months in the ICU, all due to the negligence of one of my doctors, I was referred to Michael Maggiano to pursue a medical malpractice case. I had never been involved in a lawsuit in my life and from the moment I met Michael and his team at Maggiano, DiGirolamo & Lizzi I knew I was in extremely competent hands. Michael is the best lawyer you could imagine – he is intelligent, detail oriented, extremely knowledgeable and passionate about his work and his clients. Michael is a consummate professional and I will forever be impressed by, and indebted to, both him and his team. The entire staff at Maggiano, DiGirolamo & Lizzi is friendly, welcoming and do everything to make their clients comfortable. I would like to specifically thank Linda Reid and Bernadette Elbert who both went above and beyond to make my experience as comfortable as possible, from including me in all detailed correspondence to sending encouraging texts and even giving hugs when needed. Thank you so much to everyone at Maggiano, DiGirolamo & Lizzi – I highly recommend this law firm to anyone looking for a compassionate team to handle a personal injury claim.
Choosing Michael Maggiano and his firm was the best decision my husband and I made at a most horrific time in our lives. Multiple doctors, with whom we had trusting relationships, were confidently telling me that nothing was wrong when, in fact, that was not the case; allowing a cancer to grow over several years to an advanced stage.
Michael Maggiano and his incredible colleagues took our case, even though extremely complex. They patiently answered our endless questions, diligently pursued every aspect of our case, handled our anxieties; especially during trial preparation and settlement discussions. Due to their experience and skill, the final outcome was a sizable settlement.
We hope that this message helps you make the right decision during what is probably a difficult and trying time by speaking with Mike Maggiano.
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.
- 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) 585-9111 for your free consultation.
Verdicts and Settlements
$900,000 - Medical Negligence
To two children of a 35 year old woman who suffered cardiac arrest under anesthesia due to failure to diagnose congestive heart failure by her treating physicians and the anesthesiologist, all of whom cleared her for gall stone surgery despite signs pointing to an underlying heart condition.
$850,000 - Medical Negligence
To a 54 year old salesman for foot disability due to unnecessary tarsal tunnel surgery by the podiatrist.
$500,000 - Medical Malpractice
To young man who while unconscious following pilonidal cyst surgery was caused to fall from operating table while unconscious, suffering tears of his labrum resulting in termination of his high school sports.
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.
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.
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
- 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) 585-9111.