How Can I Ask the Court to Modify My Divorce Decree in New Jersey?
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Going to a doctor entails a leap of faith. You place your trust in the care of a medical professional, relying on his or her knowledge and skill to provide you with a proper diagnosis and treatment. At times, surgery may be necessary. Unfortunately, the trust you place in your doctor sometimes ends up being violated. At your most vulnerable time, you may become a victim of medical negligence. At Feitlin, Youngman, Karas & Gerson, LLC in Glen Rock, medical malpractice litigation has been a central part of our work for more than 20 years. We’ve handled a wide variety of cases for our clients and recovered millions of dollars in claims asserted against doctors, nurses, and hospitals. Our New Jersey lawyers are here to help fight for your financial recovery if you or a family member has been a victim of medical negligence. You can count on us to pursue justice relentlessly if a doctor or healthcare facility has failed you.
There are numerous ways in which a medical provider’s carelessness can harm a patient. Our firm handles a full range of malpractice actions, such as matters involving:
Choosing the right medical malpractice attorney can make a significant difference in the outcome of your case. We have a strong track record in medical malpractice claims and know how to counter the tactics commonly used by defendants and their insurance companies.
Due to the complexity of medical malpractice claims, plaintiffs must serve an Affidavit of Merit, executed by an appropriately licensed expert, on each defendant within 60 days after that defendant files an answer to the complaint. The court may grant one extension of up to 60 more days for good cause. The affiant must declare that there is a reasonable probability that the care provided fell outside acceptable professional standards. We work with expert witnesses in all types of healthcare negligence claims to provide the support needed for our clients’ claims. You can also rely on us to challenge the assertions made by defendants’ experts where appropriate.
Missing this deadline is usually fatal. Dismissal is typically with prejudice, meaning the claim cannot be refiled. Under the Patients First Act, the expert must be board-certified in the same specialty as the defendant, and a separate affidavit is required for each defendant sued. This is why a case must be investigated and an expert secured before the complaint is ever filed.
New Jersey law requires people harmed by medical malpractice to file their lawsuit within two years of the date when the injury occurred. If the harm was not immediately apparent, they have two years from the date when the negative effects of the defendant’s carelessness would have been discoverable by a reasonable person. You can collect various types of damages, including reimbursement for the additional treatment you required and the income you lost because of the defendant’s violation of professional standards. Compensation is also available for the pain and suffering you endured, along with any permanent effects resulting from the malpractice.
In New Jersey, the statute of limitations for filing a medical malpractice claim is two years. This means that if you or a loved one has been harmed due to a healthcare provider’s negligence, you must initiate legal action within two years from the date of the injury. However, medical malpractice cases can be complex, and the injury isn’t always immediately noticeable. In such cases, New Jersey law allows you to file within two years from the date when you reasonably should have discovered the harm. This “discovery rule” is crucial in situations where the injury might take time to manifest or become apparent, such as with misdiagnosis or delayed treatment.
Some harm announces itself immediately. Other harm does not. A missed cancer diagnosis, a retained surgical instrument, or a slow-developing infection may surface years later. In those cases the two-year clock starts when a reasonable person would have connected the injury to negligent care, not on the date of treatment.
It’s important to act promptly once you suspect medical malpractice because missing this deadline could prevent you from pursuing compensation for your injuries. If the victim is a minor, different rules apply: for most childhood malpractice the two-year clock does not begin until the child turns 18, but a claim for an injury sustained at birth must generally be filed before the child’s 13th birthday under N.J.S.A. 2A:14-2. At Feitlin, Youngman, Karas & Gerson, LLC, we understand the nuances of New Jersey’s statute of limitations and are here to ensure that your rights are protected. Our experienced medical malpractice lawyers will review your case thoroughly and help you navigate the legal process within the required timeframe, so you can focus on your recovery.
No. Unlike many states, New Jersey has not enacted a cap on compensatory damages in medical malpractice cases. Recovery is measured by actual losses, including medical costs, lost income, and pain and suffering, rather than an arbitrary statutory ceiling.
Nothing. We handle these claims on a contingency fee basis, so you pay no legal fees unless we recover for you. Expert review, records, and case costs are advanced by our firm. For more, see our New Jersey Medical Malpractice FAQ and Personal Injury FAQ.
Feitlin, Youngman, Karas & Gerson, LLC seeks compensation for New Jersey medical malpractice victims. To discuss your claim with an experienced lawyer, please don’t hesitate to contact our knowledgeable and skilled Bergen County medical malpractice lawyers for a free consultation today.
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