New Jersey Malpractice Lawyers
When we go to the hospital or go see a doctor, nurse or other professional we expect them to act in a competent and professional manner. When errors are made, serious and substantial injuries can result.
Malpractice comes in all different forms from different professionals. Some forms of malpractice include:
- Medical Malpractice
- Pharmacist Malpractice
- Legal Malpractice
- Accounting Malpractice
- Engineering Malpractice
When an injury or loss results from the malpractice of a professional, our attorneys may be able to file a lawsuit on your behalf and seek compensation for the wrong that you suffered.
Malpractice like ordinary negligence claims are proven by establishing duty, breach, causation damages.
Professionals have a duty to act and render professional advice and service on par with other similarly situated professionals in their field. If they breach that duty and commit an act of malpractice, they may be held responsible.
A breach of a duty is relatively self-explanatory. It means that the professional breached their duty of professional advice or care to the individual which he or she was rendering service to. A breach can occur in many different ways. A breach can occur by a specific act or a failure to act.
Causation means that the breach of the duty described above caused some harm to the specific individual. More specifically, the professional caused harm that is the result of the duty and the breach described above.
Damages are the actual losses that were suffered by the individual as a result of the malpractice. Depending upon the professional and the specific act of malpractice, damages can include pain and suffering damages, economic or monetary loss, lost wages and other harms and losses.
Proving A Malpractice Claim:
In New Jersey, as in many other states, a malpractice claim will require the report and testimony of an expert witness. An expert witness is a person with specified training and experience in the specific field which the malpractice is claimed. The reason that an expert is required in New Jersey is because most jurors are not familiar with the exact standards to which professionals are required to render their professional service. It is therefore necessary for another expert or professional in that same field to fully explain what the duty of that professional is and how that duty was breached in any particular case. In fact, in New Jersey, after a malpractice claim is filed, an affidavit of merit must be served within a very specific time period. An affidavit of merit is an affidavit from another expert that swears to specific facts and conclusions which the expert has gathered and drawn. If the affidavit of merit is not served within a very specific period of time, the malpractice claim may be dismissed and the claim will not be able to be reopened.
If you or someone you know believe that malpractice has occurred and you would like to speak to one of our New Jersey malpractice lawyers call our office or click on the contact us tab. Our attorneys will take the time to meet with you and discuss all of your options. We offer a free consultation on all matters. Contact us today. We can help.