Under New Jersey law, a medical malpractice lawsuit must be filed against an at fault party within two years of the patient’s medical treatment, unless the patient was unaware of the negligence within that two year time frame. If a patient dies as a result of malpractice, a malpractice suit must be brought within two years of the death of the patient.
In New Jersey, a claimant may file a lawsuit arguing joint or several liability. This means that it is possible under New Jersey law for more than one party to be responsible for malpractice. When this is determined to be the case, a percentage of the responsibility can be assigned. The New Jersey statute states that a defendant who is determined to be more than 60 percent responsible for the malpractice is severally and jointly responsible for all of the damages of the plaintiff. If someone is deemed responsible for less than 60 percent of the damages, he is only responsible for paying that portion of the negligence.
New Jersey Malpractice Payments
The New Jersey Statute indicates that punitive damages assigned in a lawsuit cannot be greater than the larger of $350,000, or five times the defendant liability. Further, the New Jersey legislature has limited the amount attorneys can receive in medical malpractice cases. The limits include no more than 33 1/3 percent of the first half-million dollars won in the case, no more than 30 percent of the second half-million dollars won, no more than 25 percent of the third half-million dollars won, no more than 20 percent of the fourth half-million dollars won and the court determines a reasonable amount for awards greater than $2 million.
Malpractice Claims
For a malpractice suit to be brought against an individual or company in New Jersey, it must be determined that harm was done to a patient while receiving care and that the harm occurred while the medical practitioner was working negligently. Under New Jersey law, the patient must receive care that is contrary to what is typical care given by an average physician under similar circumstances.
An experienced New Jersey medical malpractice attorney investigates malpractice claims thoroughly and independently to determine how the damage was done and to what extent the injuries occurred. Such a qualified New Jersey medical malpractice lawyer determines how much monetary damage was done by the responsible party and fights for the rights of the patient to recover such damages.
