Cape May County Medical Malpractice Lawyer
When you go to the doctor, you place a lot of trust in their ability to help you get better. While not everything in the medical environment can go according to plan, doctors and other medical professionals should still be held responsible if their negligent actions cause you to suffer unnecessary losses.
If you or a loved one have sustained severe injuries due to the negligence of a medic or medical facility, you could seek to recover monetary damages with the help of an experienced personal injury attorney. One of our Cape May County medical malpractice lawyers could review your case and weigh your legal options.
Common Medical Errors and Damages
“Medical malpractice” occurs when a medical professional or facility deviates from the established standard of practice. Some examples of common medical malpractice claims include, but are not limited to:
- Surgical errors
- Prenatal and newborn injuries
- Delayed diagnosis or misdiagnosis
- Prescription medication errors
- Anesthesia errors
In some cases, determining the liability of a particular healthcare provider or medical service can be difficult, depending on the type and nature of a patient’s injuries. Fortunately, an attorney in Cape May County could help an injured patient determine whether they have a viable medical malpractice claim that would allow them to recover damages for their losses.
Statutory Restrictions on Medical Malpractice Claims in Cape May County
It is important to know that there are several restrictions placed on medical malpractice lawsuits under state law. Two of the most impactful limitations are the filing time restrictions and the potential loss or reduction in compensation under the state’s contributory negligence law. An injured party could seek a local attorney’s services to help them understand medical malpractice laws and navigate them through litigation.
Generally, a person suffering from injuries due to a medical professional or provider’s malfeasance has two years from the time they sustained their injuries to file a civil injury claim for damages. In cases where injuries are sustained by a minor at birth, the child’s parents have until the child’s thirteenth birthday to bring an injury claim on their behalf. However, if the child’s parents do not file the child’s claim before their twelfth birthday, the minor or a designated representative can bring the claim on their behalf.
Additionally, while there are no caps on the amount of economic or non-economic damages injured parties can recover in medical malpractice claims, they could receive a reduced compensation award or lose the right to recover entirely in certain situations. According to state law, if a person 51 percent or more at fault for their injuries, the court may not award any damages to them. If the injured party’s percentage of fault is 50 percent or less, they may still recover damages for their injuries, but the amount awarded will be reduced according to the claimant’s percentage of fault.
Call a Cape May County Medical Malpractice Attorney
Every year, there are hundreds of thousands of lives that are detrimentally impacted due to negligent medical errors. If a patient exhibits severe symptoms or a worsening of their condition after undergoing a medical procedure or treatment, they could be a victim of medical malpractice.
If you or your beloved family member were harmed by careless medical care, your family’s suffering need not be left unheeded. Get help with pursuing a civil claim today by contacting a Cape May County medical malpractice lawyer.