Medical Malpractice Your Success is Our Success

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New Jersey Medical Malpractice Lawyer

Experienced Legal Representation for Your NJ Medical Malpractice Case

Mistakes can be committed even by top professionals in their field. When a medical professional makes a mistake that causes an injury, you should consult an medical malpractice attorney in New Jersey.

With a wealth of experience with litigating medical malpractice lawsuits in New Jersey, Law Offices of James C. DeZao, P.A. can evaluate the specifics of your case and develop a strong legal strategy that best serves your goals. In addition, we have the legal skill to analyze a settlement that has been offered to you and advise you on the appropriate next steps.

Call (973) 358-6134 or contact us online to discuss the details of your medical malpractice case in New Jersey.

Why Choose Our NJ Medical Malpractice Lawyer?

When filing a lawsuit for medical malpractice in New Jersey, you will find yourself going head-to-head with large insurance companies and expensive defense attorneys. It's important that the lawyer you choose to represent you is equally formiddable.

Attorney James DeZao has decades of legal experience and boasts numerous accolades for his skill in personal injury law. He has helped clients all across the State of New Jersey fight for the just compensation they deserve, recovering millions of dollars. You can count on our experienced medical malpractice lawyer in New Jersey to fight for your best interests at all times.

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What is Medical Malpractice?

Medical malpractice cases can include any instance in which a medical professional has failed to provide a patient with the level of care they need, resulting in injury or illness. Doctors and others in the medical field have a “duty of care,” i.e., a responsibility to offer the best treatment possible, or at the very least, treatment that is in line with acceptable standards of medical care.

Therefore, medical malpractice does not always involve obvious instances of a doctor causing a patient pain. Their negligence may be more subtle, such as a doctor who ignores normal procedures in favor of treatment that they feel is better, harming their patient as a result.

Types of Medical Malpractice

doctor giving prescription medications to patient

Medical malpractice can occur at any point during the course of treatment. From the initial visit with your doctor to the ordering of tests to a mistake at the lab. There are many hands involved in the healthcare industry, and therefore many chances for mistakes to be made.

Some of the most common types of medical malpractice include:

  • Anesthesia errors - Anesthesia is an amazing drug, but also a dangerous one. An anesthesiologist must administer the correct dosage for each individual patient at the right time during a proceedure or the patient may suffer irreversable harm.
  • Medical misdiagnosis - When a doctor diagnosis a patient with the incorrect condition it is called misdiagnosis. When a doctor fails to diagnose a condition in a timely manner it is called delayed diagnosis. Either error can have devasting consequences to their patients.
  • Nursing home medication mistakes - The elderly often take numerous medications to improve their health and quality of life. Unfortunately, untrained and overworked staff at nursing homes can make mistakes, such as giving a patient the wrong medication or the wrong dosage of the correct medication.
  • Pharmacy errors - Pharmacists have a very important duty to fullfill a doctor's prescription so that the patient can receive the medication they need. However, pharmacists are human and capable to making errors, like giving a patient the wrong medication or the wrong dosage.
  • Birth injuries - A mother and infant are especially vulnerable to injury during labor and delivery. Doctors and hospital staff need to be aware of any risks while properly monitoring the condition of the mother and infant in order to interviene when a dangerous situation arises.

No matter the form of medical malpractice you are facing, The Law Offices Of James C. DeZao is here to help. We can utilize our extensive legal experience to pursue the justice you deserve after being harmed by a negligent medical professional. Call our NJ medical malpractice lawyer today at (973) 358-6134.

Who May Be Liable for Your Injuries?

When a person is undergoing medical treatment, there are multiple people who are responsible for their care, not just the primary physician. Any one of these healthcare professional (or more than one) could be responsible for your injuries.

In addition to doctors, nurses, surgeons, and anesthesiologists can commit errors that harm patients. Medical malpractice may also be the fault of third parties, such as medical testing professionals who contribute to misdiagnoses and similar mistakes. 

Medical malpractice may be the result of systemic negligence throughout a hospital or other medical facility. A lack of resources, poor training, and questionable hiring practices can contribute to a lowered standard of care, in which case administrative parties may be liable for your injuries.

How Do I Know If I Can Sue For Medical Malpractice? 

Our medical malpractice attorneys in New Jersey can help you determine whether you have strong cases for a successful lawsuit. Through a careful case consultation and analysis of the details, we can give you a straight answer to this question.

The following elements are necessary in order to have a strong medical malpractice case:

  • Duty of Care: The medical professional, such as a doctor, nurse, or healthcare provider, owes a duty of care to the patient. This means they are expected to provide a standard of care that a reasonably skilled and competent professional in their field would provide under similar circumstances.
  • Breach of Duty: The plaintiff (the person bringing the lawsuit) must show that the medical professional breached their duty of care. This involves demonstrating that the medical professional's actions or inactions deviated from the accepted standard of care.
  • Causation: The breach of duty must have directly caused harm to the patient. It's not enough to show that a mistake was made; it must be proven that the mistake caused the patient's injury or worsened their condition.
  • Harm or Damages: The plaintiff must have suffered harm, injury, or damages as a result of the medical professional's breach of duty. This can include physical, emotional, or financial harm. Damages can include medical expenses, lost wages, pain and suffering, and more.

It's important to note that medical malpractice claims can be complex and require a thorough understanding of both medical and legal aspects. If you believe you have a potential medical malpractice case, it's recommended to consult with an experienced medical malpractice lawyer in New Jersey from The Law Offices Of James C. DeZao - we will help you build a strong case to receive fair compensation. 

Medical Malpractice FAQs

Who Can I Sue for Medical Malpractice?

While people usually think about medical malpractice as a lawsuit against a doctor, it actually applies to virtually any kind of healthcare professional, including:

  • Dentists
  • Chiropractors
  • Nurses (including RNs) and nursing aides
  • Physician Assistants
  • Pharmacists
  • Pharmaceutical manufacturers
  • Hospitals
  • Urgent care clinics
  • Outpatient surgery centers
  • HMOs
  • Nursing homes
  • Anesthesiologists
  • Midwives
  • Psychologists and Psychiatrists
  • Therapists
  • Physical therapists
  • Lab technicians
  • Any person or organization who employs any of the above.

What Kind of Compensation Can I Recover in a NJ Medical Malpractice Lawsuit

New Jersey recognizes many kinds of financial compensation for victims and their families. These may include:

  • Medical expenses (past and future)
  • Hospital bills (past and future)

Our New Jersey medical malpractice attorney can help you explore every possible avenue for compensation in order to truly understand the full scope of your rights under the law.

  • Medication costs (past and future)
  • Income lost due to time away from work or inability to work
  • Future loss of income due to the effects of the malpractice
  • Diminished capacity or quality of life
  • Pain and suffering
  • Emotional distress (mental anguish)
  • Physical disfigurement
  • Cognitive impairment
  • Loss of consortium (in the case of wrongful death)
  • Loss of emotional / economic support (in the case of wrongful death)
  • Punitive damages (in cases involving extreme or egregious malpractice). 

Who is Eligible to Sue for Medical Malpractice in New Jersey?

As a general rule, only the injured patient is eligible to sue for medical malpractice in New Jersey. There are, however, exceptions. If the patient is unable to advocate for his or her rights due to age or incapacity, for example, a family member can sometimes sue on the patient’s behalf.

In the event that a patient dies because of medical malpractice, some family members are allowed to file a wrongful death lawsuit to seek compensation for their suffering and loss.

How Does a Medical Malpractice Lawsuit Work? 

Your lawyer can handle most of your lawsuit for you. Plaintiffs are required to prove three things: that the defendant breached a legal duty, that this breach caused the plaintiff’s injury, and that the plaintiff suffered damages as a result.

Expert witnesses are absolutely essential for winning these cases. Fortunately, at The Law Offices of James C. DeZao, P.A., we’ve developed a number of invaluable relationships with respected experts in a wide range of medical fields.

Will I Have to Go to Court?

When you hire an experienced NJ medical malpractice attorney, you may very well be able to settle your case without ever having to go to court. (You may still need to attend mediations, depositions, or settlement conferences during the settlement negotiations.) Of course, some cases do go to trial. In that case, you will need to attend the court proceedings.

Remember, your attorney will be with you at every step along the way. Whether in settlement, in a deposition or mediation or conference, or even at a trial, you are never alone. Hiring an experienced lawyer means you’ll have a representative who knows what they’re doing and is ready to fight for your rights at every turn.

How Much Does a Medical Malpractice Attorney in New Jersey Cost?

We do not ask for a legal fee unless you reach a settlement. We operate on a “contingency fee basis,” which means you are not required to pay any lawyer’s fees until you recover against the responsible party or their insurance company.

Schedule a Consultation With Our NJ Medical Malpractice Attorneys

If you are the victim of medical malpractice, you deserve to have that mistreatment properly addressed and receive adequate compensation. Choosing a medical malpractice attorney is a huge deal, and our New Jersey personal injury law firm ca help you in this area. We want to help you hold the healthcare providers accountable, so contact us to schedule a case consultation today. 

Call (973) 358-6134 or contact us online to schedule a consultation with our skilled NJ medical malpractice lawyers. 

The Benefits of Retaining a Medical Malpractice Lawyer

One key benefit of speaking with an attorney before accepting a settlement offer for your medical malpractice claim is that your attorney will inform you if the offer is sufficient to cover your current — and possibly future — medical expenses. Some injuries worsen over time and require additional medical attention. If you settle before seriously weighing that possibility, you may be selling yourself short. Additionally, your New Jersey medical malpractice attorney will be able to tell, from past lawsuits, if you could win a larger settlement for your malpractice claim by going to trial.

On the other hand, your case may contain many difficulties that you are not privy to that could diminish your chance of winning. Your attorney may also be familiar with the opposing counsel’s trial tactics, which may prove to be emotionally stressful or personally damaging for you, thus making you reconsider the settlement that has been offered. If you do walk away with a large settlement, there could possibly be tax consequences that you are unfamiliar with and possibly not ready for. Your medical malpractice lawyer in NJ has a keen understanding of the way insurance companies operate and can challenge any roadblocks or obstacles they may throw your way.

As you can see, there are many solid reasons for securing an attorney prior to accepting a settlement offer. You owe it to yourself to present the settlement offer you received to your attorney, who will advise you to either accept it or reject it and will provide the reasoning behind that decision.

To schedule a free consultation with our medical malpractice lawyer in New Jersey, send us a message or call (973) 358-6134. We have what it takes to win your medical malpractice lawsuit!

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