Can You Sue a Hospital in New Jersey?
Suing a Hospital
Can you sue a hospital for negligence? Yes, but it can be an extraordinarily complex process with special procedural rules and complicated legal and medical components that require a skilled and experienced legal team to navigate.
When is a Hospital Liable for Medical Malpractice?
Whenever medical malpractice takes place in a hospital, there is the possibility of hospital negligence.
Hospitals are responsible for the actions of their employees. If a hospital employee — medical technician, nurse, paramedic, etc. — hurts a patient, the hospital may be considered responsible. The hospital may also be liable for errors such as failing to correctly supervise employees and staff members.
Can Doctors be Negligent?
Most doctors are not hospital employees, so if you hold the doctor responsible for the injury to you or your loved one, you might seek action against them as opposed to the hospital. For example, if the doctor failed to provide a proper diagnosis, or you were injured during surgery, you likely would not be filing against the hospital, but the individual.
What is Considered Medical Malpractice In NJ?
In New Jersey, medical malpractice occurs when a healthcare professional or a healthcare institution causes harm to a patient by violating the standard of care.
The standard of care is what all medical providers in the geographic area would consider generally accepted practices and procedures for the treatment of a particular condition or disorder.
Common medical malpractice examples include:
- Providing incorrect treatment
- Making a medication or dosage error
- Misidentifying patients
- Failing to perform or run proper tests
- Using medical equipment improperly
- Failing to consult with a specialist
- Mixing up patient records or charts
- Making a laboratory error
How Much Compensation is a Case Worth?
At this time, in New Jersey there is no overall cap (limit) on compensatory (economic or non-economic) damages in medical malpractice cases. Punitive damages in New Jersey, however, are limited to $350,000 or five times the amount of compensatory damages, whichever is greater.
Compensatory damages (economic) can include:
- Past and future medical care
- Loss of earning capacity
- Loss of wages
- Corrective treatment
Compensatory damages (non-economic) can include:
- Pain and suffering
- Mental anguish
- Loss of companionship
Why Do I Need a Medical Malpractice Attorney to Sue a Hospital?
A hospital negligence lawsuit is an incredibly complex endeavor that goes well beyond personal injury cases. Your New Jersey legal team must be well-versed in specifics, such as:
- Affidavits of Merit requirements
- Determination of the occurrence of negligence
- Statutory lawsuit-filing deadline
- Identification of negligent parties
- Identification of the most qualified medical experts to support your claim
- Shared fault rules (modified comparative negligence)
Hospital Lawsuit Lawyers in NJ
If you or a loved one has suffered harm by a New Jersey health care provider’s negligent treatment, you may be entitled to compensation by filing a medical malpractice lawsuit.
Suing a hospital for negligence tends to be a highly complex action, requiring a deep understanding of New Jersey’s medical malpractice laws, including how to prove a healthcare provider delivered substandard care and when to file.
The team at at Dansky | Katz | Ringold has the experience to assess the strengths and weaknesses of your claims, hold negligent health care providers liable for your suffering and losses, and maximize the amount of damages you receive. Contact us now for a free consultation to discuss your claim: 800-609-7577