Medical Malpractice

New Jersey Medical Malpractice Lawyers

When you need medical treatment, you entrust your care to professionals to improve your health without additional harm. When practitioners violate the standard of care and inflict harm, they cause broken trust and emotional distress, along with additional injuries and pain and suffering.

All medical professionals and facilities are bound by a duty of care, which refers to the skill level, care, and judgment another medical professional would provide under similar circumstances. When healthcare professionals or facilities violate a reasonable duty of care that results in patient harm, injury, or death, their negligent actions constitute medical malpractice.

At Kitrick, McWeeney & Wells, LLC, we believe in holding negligent healthcare providers accountable for the harm they cause patients. We help our clients seek justice and compensation for their injuries and suffering.

What Are Common Causes of Medical Malpractice?

Medical malpractice refers to a patient’s injuries or harm through the negligent actions of medical professionals, including general practitioners, specialists, surgeons, nurses, dentists, and all other healthcare providers and facilities. Common causes of medical malpractice include but are not limited to:

  • Failure to diagnose a medical condition leads to harm due to delayed or inappropriate treatment.
  • Surgical errors include failing to remove surgical instruments, damage to organs or other body parts, or operating on the wrong body part.
  • Administering the wrong medication, incorrect dosage, or prescribing incompatible medications to a patient’s allergies or medical history.
  • Negligent actions during childbirth that result in harm to the mother or infant, such as brain injuries, fractures, or nerve damage.
  • Administering incorrect doses of anesthesia or failure to monitor a patient during surgery properly.
  • Failure to obtain informed patient consent regarding the risks, benefits, and alternatives to a medical procedure.

Who Is Responsible for My Injuries Due to Medical Malpractice?

In medical malpractice cases, healthcare providers and medical facilities are the most logical and common parties responsible. However, it is also common that multiple parties may ultimately be liable for your injuries, depending on the circumstances of your case. All potentially responsible parties include:

  • Healthcare professionals, such as general practitioners, surgeons, nurses, anesthesiologists, physician’s assistants, dentists, dental hygienists, pharmacists, and other medical professionals directly involved in your care.
  • Medical facilities that provide health and medical care, including hospitals, clinics, private medical practices, and nursing homes.
  • Employers of healthcare professionals can often be liable for the actions or inactions of their employees.
  • Pharmaceutical manufacturers of medications and other utilized or prescribed treatments can be responsible if they fail to provide adequate warnings regarding side effects, risks, or complications.
  • Medical device manufacturers, if the device had design defects or failed to function correctly, especially if the manufacturer was aware of the problem and failed to correct it or warn the healthcare provider.

Determining each party’s degree of liability in medical malpractice cases is complex and requires thorough investigation by medical experts and a skilled legal team. Our New Jersey medical malpractice lawyers at Kitrick, McWeeney & Wells, LLC will identify those responsible, gather evidence, and build a strong case to hold them accountable for your injuries and losses.

What Compensation Can I Seek for Medical Malpractice Injuries?

You may be entitled to compensation for your injuries if you prove your healthcare provider was negligent, violated the standard duty of care, and caused you significant harm. Compensation in medical malpractice cases is based on a combination of economic and non-economic expenses.

Economic damages refer to the actual expenses incurred and may include:

  • Current and necessary ongoing medical care
  • Disability, permanent or temporary
  • In-home medical care
  • Home modifications
  • Lost wages and future earnings
  • Medical expenses
  • Medical devices and equipment
  • Rehabilitation and associated therapies
  • Wrongful death and funeral expenses

Non-economic damages refer to non-specific costs associated with the pain and suffering you have endured due to your injuries and may include:

  • Chronic pain
  • Cognitive impairment
  • Disability
  • Disfigurement and scarring
  • Emotional distress
  • Loss of consortium
  • Loss of enjoyment of life
  • Pain and suffering

Is There a Deadline to File a Medical Malpractice Claim?

Like other personal injury claims, the statute of limitations for filing medical malpractice claims in New Jersey is typically two years from the date the medical mistake or injury occurred or the date the injury was discovered.

What Should I Do if I am Injured by Medical Malpractice?

If you are suffering injuries you believe to be, or have been determined by another medical professional, due to medical malpractice, you should take action to gather and document evidence. You should take the following steps:

  • Seek evaluation or treatment: If you have not already done so, seek a second opinion and treatment from a different medical professional as soon as possible to address any immediate health concerns or to verify whether your injuries occurred due to medical negligence.
  • Maintain records: Keep all medical records, treatment plans, invoices, medication information, second opinions, and other documents about your medical care and injuries.
  • Gather witness information: Identify and gather contact information for potential witnesses who may be interviewed regarding your medical care, procedures, and what they witnessed.
  • Preserve evidence: Keep any physical evidence related to your case, such as medications, medical devices, injury photos, and other relevant evidence.
  • Hire a New Jersey medical malpractice lawyer: It is crucial to enlist assistance from an experienced lawyer in medical malpractice cases to evaluate your case, advise you of your legal options and rights, and guide you through the complex process of proving your claims.

How Can Kitrick, McWeeney & Wells, LLC Help Me?

Medical malpractice cases are exceptionally complex and require expert knowledge of medicine and medical malpractice laws. Though you are not required to hire a lawyer, representing yourself is extremely challenging and risky. Hiring our experienced New Jersey medical malpractice lawyers at Kitrick, McWeeney & Wells, LLC will help in the following ways:

  • We will review the specific circumstances of your injuries and determine whether your case is a viable medical malpractice claim. We will also provide proven and objective advice regarding your options and manage your expectations.
  • Thoroughly investigate your claims, gather evidence through medical records and treatment plans, and interview witnesses to prove negligence.
  • Hire and work with medical experts to evaluate the circumstances of your case, the standard treatment for your original diagnosis, current and future medical treatment to address the injury, and how healthcare professionals were negligent.
  • Negotiate a maximum settlement with the responsible parties or their legal representation.
  • Represent you in court if negotiations fail and your case proceeds to trial.

Working with a skilled New Jersey medical malpractice lawyer with extensive knowledge and experience significantly improves your chance of securing the maximum compensation for your injuries and losses. Our Kitrick, McWeeney & Wells, LLC medical malpractice lawyers have recovered millions of dollars in settlements and verdicts for our clients.

Our New Jersey Medical Malpractice Lawyers at Kitrick, McWeeney & Wells, LLC Advocate for Clients Injured by Negligent Healthcare Providers

Kitrick, McWeeney & Wells, LLC can handle all your legal needs. Our exceptionally experienced lawyers provide top-notch representation in a wide range of complex legal matters. To learn more about our services or schedule a free consultation, call 732-920-8383 or contact us online. Located in Manasquan and Brick, New Jersey, we serve clients in Middlesex County, Atlantic County, Mercer County, Monmouth County, and Ocean County.