Collingswood Medical Malpractice Lawyer

Let Our Medical Malpractice Attorneys in Collingswood, NJ, Help You

Why Choose Us?

Medical malpractice cases deal with complex issues. They are further complicated by New Jersey’s laws and the complex nature of the health care system. It is best to consult an attorney as soon as possible, as symptoms can change, you may heal over time, and crucial evidence could be lost when you wait.

At Wapner Newman, we understand what it takes to hold negligent doctors and other defendants responsible for medical malpractice. Our Collingswood medical malpractice lawyers will work hard for you and help to:

• Investigate the causes of your injuries and illness
• Gather photographs, videos, medical evidence, and eyewitness accounts related to the malpractice
• Determine who was responsible for your medical malpractice injuries
• Calculate your potential damage awards and expectations
• File court paperwork and meet administrative requirements
• Consult experts to determine the nature and extent of the medical malpractice
• Deal aggressively with healthcare providers, insurance companies and other attorneys to negotiate a favorable settlement
• Build a case based on our research, New Jersey law, and similar cases, and take it to trial if necessary.

The dedicated and experienced Collingswood medical malpractice lawyers at Wapner Newman are committed to giving your case individual attention and getting the best settlement possible.  Our attorneys have represented countless medical malpractice victims and won millions of dollars for clients in all areas of medical malpractice law.

Our attorneys will be there for you throughout the entire legal process, keeping you informed and addressing your concerns.

Proving Medical Malpractice in Collingswood

Negligence Is More Than a Mistake

Medical malpractice occurs when a healthcare provider or medical professional commits errors that breach the standard of care. However, not every mistake is considered medical negligence. It must breach the standard of care.

In order to show that a healthcare provider was negligent, the plaintiff (the person filing the lawsuit) must demonstrate what the standard of care was in that particular case. They must also show that the defendant (the party being sued) violated that duty of care and caused harm as a result.  When a doctor-patient relationship existed between the parties, the doctor violated the standard of care, and the patient suffered injury as a result, medical negligence has taken place that may warrant a medical malpractice lawsuit.

The standard of care is the watchfulness, attention, caution and prudence that a reasonable person in the circumstances would exercise. The standard of care in a medical malpractice case depends on the type of healthcare provider at issue and, for example, is different for a family doctor and a surgeon.

In medical malpractice cases, the law requires additional proof as a means of protecting healthcare providers from false claims, and this may require the opinion of a medical expert.

In addition, there are times a claim may be brought against someone other than a doctor. In situations where there was negligence in connection with use of medical devices or pharmaceuticals, parties such as a manufacturer or retail sales representative who recommended the device may be held accountable.

Financial Compensation in a Collingswood Medical Malpractice Lawsuit

The goal of a medical malpractice lawsuit is to win you compensation for the injuries you suffered. A doctor, nurse, hospital, or other defendant should be responsible for the damages they cause.

In a successful medical malpractice claim, our Collingswood medical malpractice attorneys may win monetary damages in two primary categories.

Economic damages are those for definable financial losses you suffered. These typically include:

• Past, present, and future medical costs, such as expenses for surgeries, therapy, reconstruction, or other medical services
• Lost wages and lost earning capacity
• Costs of disability modifications
• Funeral costs if the patient passed away.

Non-economic damages are for intangible quality-of-life losses. These do not have a specific dollar value but are often a substantial part of a medical malpractice settlement. These damages include:

• Pain and suffering
• Emotional trauma and distress
• Disfigurement and scarring
• Disability
• Loss of consortium
• Loss of enjoyment of life.

Punitive damages may be appropriate where a medical professional acted in ways deemed intentional or with a reckless disregard of the consequences. These are meant for extreme cases, but punitive damages can be significant. They are meant to punish a medical professional for particularly egregious conduct.

In New Jersey, there is a cap on punitive damages at five times the amount of compensatory damages in the case, or $350,000 (whichever is greater). Economic and non-economic damages are not limited or capped.

Average Medical Malpractice Settlement Amount

There is no average settlement amount for medical malpractice cases. Cases may range from a few thousand dollars to millions. It depends primarily on factors related to your individual case, such as the severity of your injuries, the pain you endured, the ability to heal from the injuries, and much more.

The skill and negotiating power of your attorneys are also a factor in determining settlement amounts. Rest assured that our Collingswood medical malpractice attorneys will fight for the maximum compensation possible for your individual situation.

Our Collingswood Medical Malpractice Attorneys Answer FAQ

Medical malpractice is upsetting and complicated. You likely have many questions and concerns. The best place to get answers is at your free consultation, but to get you started, here are answers to some questions our Collingswood medical malpractice lawyers are often asked:

What is the Statute of Limitations for New Jersey Medical Malpractice Lawsuits?

The statute of limitations (the deadline to file a legal claim) on most New Jersey medical malpractice claims is two years. New Jersey § 2A:14-2 (2016).  There are a few exceptions, such as if the victim is a minor. If the patient was a child at the time of the malpractice, the deadline to file a lawsuit is before he or she turns 20 years old. Another common exception is when the malpractice victim was unaware of the malpractice, despite a reasonable investigation into the cause of the injuries.

What Is an “Affidavit of Merit?” 

An affidavit of merit is a document signed by your attorney that must be filed within 60 days of filing a medical malpractice complaint. There are several requirements for your affidavit of merit. These include an attorney’s statement that an expert provided a written statement that “there exists a reasonable probability that the care, skill or knowledge exercised or exhibited in the treatment, practice or work that is the subject of the complaint, fell outside acceptable professional or occupational standards or treatment practices.”

What If I Lost a Loved One Due to Medical Malpractice in Collingswood?

Losing a loved one is incredibly difficult. You expected medical treatment to help your family member, but instead, it robbed you of them. When this happens, our attorneys can file a wrongful death claim. A wrongful death claim seeks compensation for the surviving family members. This can include monetary damages for burial and funeral expenses, lost wages, medical expenses, and pain and suffering in addition to other consequences of malpractice.

What Injuries Occur from Medical Malpractice?

Medical malpractice during pregnancy or birth could result in cerebral palsy, Erb’s or brachial plexus palsy, or facial paralysis. Surgical errors can result in paralysis, blindness, organ damage, or internal bleeding. Foreign objects may be left in the body and prescription errors can cause serious health complications. You may even be misdiagnosed for serious conditions such as cancer.

Our Collingswood medical malpractice attorneys are here to answer all your questions. We will be there for you throughout the entire legal process to deal with any of your concerns as they arise.

Consult a Medical Malpractice Lawyer in Collingswood

Medical professionals are expected to treat you according to the standard of care and avoid causing you harm. They should understand how their actions or inaction could lead to serious injuries.

If you or a family member has been injured or killed because of a medical mistake, our experienced Collingswood medical malpractice attorney will do everything possible to fight for compensation in your case. We want to help you heal your whole self during this stressful time.

Don’t delay. Call the skilled medical malpractice lawyers at Wapner Newman today at 215-569-0900 for your free consultation. There are no fees to you unless and until we win your case. We serve clients throughout Pennsylvania and New Jersey.