If you have been harmed by a negligent health care professional, you are not alone. Medical malpractice continues to be a common occurrence throughout New Jersey and the United States. Our Cherry Hill, NJ, medical malpractice lawyers represent many clients who have suffered injury in the health care setting.
Why Choose Us?
Trusted Advocates
At Wapner Newman, our years of dedication and service to our Cherry Hill clients have earned us a reputation as a trusted and effective advocate for injury victims.
You deserved better care, and now you deserve compensation for the many costs that bad medical treatment has caused you. You’re dealing with a lot right now. A fight is the last thing you wanted, but you have an ally to take up your cause.
For a free consultation with a medical malpractice lawyer in Cherry Hill, NJ, contact Wapner Newman. You don’t have to settle for less than you are owed. Call (215) 569-0900 today.
Understanding Medical Malpractice
Medical malpractice in New Jersey can be defined as professional medical negligence on the part of a health care provider that causes a patient to suffer harm. It involves more than a mere mistake. The negligence must be a departure from clear, accepted standards of care.
In a medical malpractice lawsuit, the plaintiff seeks payment of economic and non-economic damages for their losses, such as:
- Payment of medical and hospital costs
- Compensation for lost income
- Compensation for pain and suffering and other intangible damages
Plaintiffs may also seek punitive damages if there is evidence of willful or wanton conduct. However, punitive damages are rare. As the following examples of medical malpractice indicate, medical malpractice cases usually involve unforgivable errors rather than evil intentions.
Diagnosis Malpractice
Diagnosis malpractice refers to diagnostic negligence that causes injury. Various types of diagnosis malpractice include:
- Misdiagnosis: Diagnosing a condition that turns out to be a different condition
- Missed Diagnosis: Failure to diagnose a condition that should have been diagnosed
- Delayed Diagnosis: Diagnosing a condition later than it should have been diagnosed.
Keep in mind that failure to diagnose a disease properly in and of itself does not always mean medical malpractice has occurred. The issue is whether the failure to properly diagnose is an error no other reasonable medical professional in the same position would have made. In other words, if other similar professionals were presented with the same patient, they would not have made an error in diagnosis.
Failure to Treat
Failure to treat may manifest in a couple of ways — failure to treat altogether or a failure to treat in a timely manner. Failure to treat altogether may also encompass a failure to adequately treat a condition. For example, a doctor may only prescribe one medication for a condition when standards call for additional medication.
Prescription Drug Malpractice
There are thousands of prescription drugs on the market. Although doctors and other health care professionals are not required to know them all, they must have a command of the effects and standard dosages for quite a few of them. Prescription drug malpractice occurs when:
- Improper doses are administered or prescribed.
- Improper medication is given or prescribed.
- Effects of drug combinations are improperly researched.
- Proper medication records aren’t kept.
Each of the above-listed examples can lead to serious patient harm. In some cases, patients die as a result of negligent prescription medication actions.
Childbirth Injuries
Childbirth injuries are among the most devastating. Children and mothers face all manner of injuries at the hands of negligent health care professionals, including:
- Brachial palsy
- Caput succedaneum
- Cephalohematoma
- Facial paralysis
- Fractures
- Subconjunctival hemorrhage.
Mothers may also become injured by medical malpractice during birth. In their fragile state during childbirth, mothers need extensive monitoring for the development of dangerous conditions or situations.
Who’s Liable?
In medical malpractice cases, licensed health care professionals can be sued for damages, including:
- Physicians
- Nurses
- Midwives and doulas
- Therapists
- Medical technicians.
Health care facilities and hospitals may be sued for their own negligence as well as the negligence of their employees.
When it comes time to hold a health care provider responsible, your attorney will have to procure an affidavit of merit. This document is required in all medical malpractice lawsuits and attests to the validity of the plaintiff’s claim. It must be signed by a licensed physician or medical professional working in the same field as the professional in question. Additionally, the affidavit must be filed within a short period from the time the medical professional in question responds to the complaint.
Amount of Settlements
There is no average settlement amount for medical malpractice cases in Cherry Hill, New Jersey. Instead, there are a wide range of amounts possible, from the thousands to the millions of dollars, depending on the circumstances of the case. More severe injuries, such as brain and spinal cord injuries that result in paralysis and require lifetime care, or those that result in death may bring multimillion-dollar settlements.
The skill and negotiating power of your attorney is also a factor in determining settlement amounts. Rest assured that our Cherry Hill medical malpractice attorney will fight for the maximum compensation possible for your individual situation.
Our Cherry Hill, NJ, medical malpractice lawyers fight hard for the justice you and your loved ones deserve.
Frequently Asked Questions
Medical malpractice issues are complicated. Our Cherry Hill, NJ, medical malpractice attorneys have answered some of our most asked questions below.
What is the statute for medical malpractice cases in New Jersey?
New Jersey has a two-year statute of limitations for medical malpractice claims. The clock begins when the patient should have discovered their condition or on the date the negligent act occurred. Children have the statute tolled (paused) until 18 years of age.
How long will it take to get compensation for a medical malpractice claim?
Medical malpractice cases are complex and may take up to and over a year to resolve. Some take more or less time. At Wapner Newman, we seek fast resolutions to cases, but never at the expense of compensation.
How much do medical malpractice lawyers charge?
Medical malpractice lawyers in Cherry Hill, NJ, charge a percentage of your settlement or verdict award, up to 33 ⅓ percent. You may also be responsible for certain lawsuit costs, such as filing fees, service-of-process costs, and other expenses. However, you owe nothing up front and nothing if you receive no compensation.
What should I do if I suspect medical malpractice?
If you suspect medical malpractice, you are strongly encouraged to speak with an experienced Cherry Hill, NJ, medical malpractice attorney. They will act as your advocate and protect your interests as they determine the merits of your case.
The Wapner Newman medical malpractice lawyers in Cherry Hill, NJ, are here to answer any further questions you might have. Feel free to call any time.
Consult With a Cherry Hill, NJ, Medical Malpractice Lawyer Today
Learn What You Deserve
If you have put your trust in the hands of a medical professional only to be harmed, you deserve answers and justice. New Jersey law requires medical professionals to maintain various standards of care and treatment. When they fail to do so, their patients have recourse when they are injured. Wapner Newman’s Cherry Hill, NJ, medical malpractice attorneys fight to get them justice and win.
Don’t delay. Call the skilled Cherry Hill medical malpractice lawyer at Wapner Newman today at (215) 569-0900 for your free consultation. There are no fees unless and until we win your case. We serve clients throughout the Pennsylvania and New Jersey areas.