Gloucester City Medical Malpractice Lawyer
We all want to trust our doctors and healthcare providers. When you’re sick or injured, you go to the doctor expecting everything to go smoothly. Most of the time, your trust is justified. But sometimes, your injuries are made worse due to the carelessness or negligence of the healthcare provider who should have helped you.
When you’ve been injured due to medical malpractice, you deserve to have your rights protected by a skilled Gloucester City medical malpractice lawyer. Healthcare providers’ mistakes worsen your condition, and you deserve compensation for their negligence and lack of care. A malpractice lawsuit is not what you anticipated, but now you have an ally to take up your cause. The Gloucester City medical malpractice lawyers at Wapner Newman won’t stop fighting for you.
Why Choose Us?
Medical malpractice cases are complicated; they deal with complex issues stemming from New Jersey’s laws and our convoluted healthcare industry. Since symptoms change over time and evidence and witnesses disappear, it is important to contact an attorney experienced in medical malpractice as soon as possible.
At Wapner Newman, we assign each case a senior attorney like Marc G. Brecher with an experienced legal team so you get the individualized care you need. The attorneys and their staff will:
- Investigate the circumstances and potential causes of your injury or illness and gather evidence by obtaining medical records, photographs and videos, and eyewitness statements
- Determine who was responsible for the harm you’ve suffered
- Determine how much you are owed by calculating the many damages you’ve experienced
- File all paperwork in accordance with deadlines and court requirements
- Work with expert witnesses to determine where there was 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.
Most important, we will communicate with you throughout the process so you always know how your case is going. You won’t need to worry about the progress of your case. If you have questions, someone will always be there to take your call.
Wapner Newman has been fighting for clients in New Jersey and Pennsylvania for nearly half a century, and our record speaks for itself. We have hundreds of satisfied clients in both states who have won six- and seven-figure awards thanks to the tireless efforts of our attorneys.
We offer a free consultation to discuss the facts of your case and determine the best way to proceed. Call Wapner Newman for help today at 215-569-0900. Our attorneys serve clients throughout Pennsylvania and New Jersey.
How We Can Help
Proving medical malpractice in New Jersey is a complicated process. It involves showing that the doctor or healthcare provider was negligent, but also requires meeting strict deadlines and filing the correct paperwork in a timely manner. You should never try to take on your doctor or a big hospital alone.
Proving Medical Negligence
Medical malpractice means more than just carelessness or mistake. The art of medicine is not perfect, and not all injuries or deaths that happen under a doctor’s care are due to negligence. Malpractice means that the doctor deviated from the standard of care in a way that the doctor knew or should have known would lead to serious injury or death.
Your attorney first needs to show what the standard of care was, and how the defendant (the party being sued) breached or violated that duty. The standard of care is the watchfulness, attention, caution, and prudence that another medical professional in the same circumstances would use.
For instance, if a cardiologist performs bypass surgery and the patient suffers a stroke during the procedure, the standard of care is measured against what another cardiologist performing the same surgery would have done, but not what the family thinks should have been done, or what a TV doctor would have done. Proving malpractice claims usually involves an expert opinion.
New Jersey allows plaintiffs in a medical malpractice case to sue for economic and non-economic damages. Under current New Jersey law, these damages have no caps (limits).
Economic damages include monetary or calculable losses, such as:
- Medical expenses, including future costs of care, rehabilitation, and medication
- Lost wages and income, including loss of earning potential and loss of opportunity
- Funeral costs
- Attorney fees.
Non-economic damages include losses that are difficult to quantify but which affect your quality of life, including:
- Pain and suffering
- Emotional distress and trauma
- Loss of consortium.
Punitive damages. Punitive damages are seldom awarded in medical malpractice cases. Punitive damages are only awarded when there has been evidence of actual malice (criminal behavior), or when the defendant demonstrated wanton disregard for life. In New Jersey, punitive damages are capped at $350,000 or five times total compensatory damages, whichever is greater.
Amounts of Settlements
There is no average settlement amount for medical malpractice cases. Instead, there is a wide range of amounts possible, from thousands to 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.
Your attorney’s skill and negotiating power are also factors in determining settlement amounts. Rest assured that our Gloucester City medical malpractice attorneys will fight for the maximum compensation possible for your individual situation.
Frequently Asked Questions
Medical malpractice is upsetting and complicated, so it’s natural for you to have 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 Gloucester City medical malpractice lawyers are often asked:
Are there time limits for filing a medical malpractice lawsuit?
Yes, according to New Jersey code 2A:14-2 the statute of limitations (the deadline to file a legal claim) on most medical malpractice claims is two years. There are exceptions if the victim is a minor or child or if the victim is unaware of the malpractice despite a reasonable investigation as to whether the injury was caused by malpractice.
What is a “certificate of merit?”
According to New Jersey code 2A:53A-27, a certificate of merit is a document that must be filed within 60 days of filing a medical malpractice complaint. The document must include an affidavit from an “appropriate licensed person” (such as another doctor in the same field) who has declared under oath that there is “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.”
It is possible to obtain another 60 days on a showing of good cause. An affidavit may not be required in cases where it would be obvious to a layperson that the standard of care was breached; for instance, if a surgical tool was left inside a patient’s body, or the wrong limb was amputated.
What if a loved one has died as a result of medical malpractice?
In New Jersey, only the decedent’s personal representative is allowed to file a wrongful death lawsuit. If your family member did not leave a will or appoint anyone as their personal representative, our attorneys could help you file the paperwork so you can petition the court on your loved one’s behalf.
A wrongful death claim won’t right the wrongs of a negligent healthcare provider, but it can help ensure that a family won’t unjustly bear the costs of their loss. It also offers some degree of accountability for the negligent medical professional.
What are common injuries from medical malpractice?
Medical malpractice during pregnancy or birth could result in cerebral palsy, Erb’s or brachial plexus palsy, facial paralysis, partial or complete paralysis, punctured organs, brain injuries, infections, and even death. Types of malpractice can include anesthesia errors, improper diagnosis, and prescription errors.
Our Gloucester City 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.
While everyone can make a mistake, medical professionals are expected to abide by a higher standard – and to understand how their actions or inaction could lead to serious injuries.
If you or a family member has been injured or someone has died because of a medical mistake, our experienced Gloucester City medical malpractice attorneys will do everything possible to look out for your best interests and fight for the compensation you deserve. Pursuing a claim of medical malpractice could help you recover from your losses, as well as protect other people from dangerous or careless doctors.
Don’t delay. Call the medical malpractice lawyers at Wapner Newman today at 215-569-0900 or make an appointment online for your free consultation. There are no fees to you until your case settles. We serve clients throughout Pennsylvania and New Jersey.