Medical malpractice laws are different for every state. Because we are attorneys who represent you in New Jersey, today we will help you understand the very specific New Jersey medical malpractice laws and what this means for your case. If you have been injured in a mistake by a doctor or other practicing healthcare provider, you may have a case and should gain a better understanding of these laws.
Distinct Medical Malpractice Laws in New Jersey
Under New Jersey medical malpractice law, malpractice takes place when a healthcare professional violates the set standard of care and causes harm to a patient in doing so. This is seen as negligence by the professional. The standard of care, of course, depends on a wide variety of factors like the patient’s health and age and what practices should be used on them accordingly for treatment. You and your attorney will have to work together to prove that your injury was caused by the medical provider’s breach of care.
One of the most distinct laws that you will have to understand if you have a personal injury case is that there may be a statute of limitations. New Jersey is no exception to this and has set a statute of limitations for medical malpractice claims in the state. The statute of limitations is of utmost importance to remember in your case because it sets a time limit on your right to file a lawsuit after suffering harm. If you try to file any time after this time limit has passed, the court will probably throw out your case. In New Jersey, you have two years to get your lawsuit filed starting from the date that the harm was originally inflicted. It can also mean two years from the time in which you discover the injury if you did not realize you were injured right away.
All New Jersey personal injury laws pertaining to medical malpractice are covered under New Jersey Statutes section 2A:14-2. If you have been injured by a medical provider and feel as if their negligence caused your harm, you may have a case. Call us today at Maggiano, DiGirolamo & Lizzi, where we handle personal injury cases of many types and have the experience to take on your case.