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Even if you have signed a medical consent form, you may still be able to file a personal injury claim in the event of medical malpractice. It is important to note that consent forms typically include language stating that there are inherent risks associated with any medical treatment, and that these risks may include negative outcomes.
Despite signing a consent form, you may still have grounds for a personal injury claim if you believe that the care you received was negligent or fell below the standard of care expected in the medical community.
In order to pursue a medical malpractice claim, it will be necessary to gather evidence and consult with medical experts to determine if the care you received deviated from the standard of care, and if that deviation caused you harm.
In New Jersey, medical malpractice claims allow the injured party to seek damages for their injuries. These damages may include economic losses, such as medical bills and lost wages, as well as non-economic losses, such as pain and suffering, disability, and loss of enjoyment of life.
The amount of damages available in a medical malpractice claim in New Jersey may be limited by law or by insurance policies. If the defendant is a hospital, the damages are limited to $250,000.
If the defendant is a doctor or hospital that works for the state of New Jersey, there is no cap on damages. However, if the defendant is an individual doctor, the insurance policy may have a cap on the amount of damages that can be awarded, which is typically around $1 million.
It is important to note that medical malpractice cases can be complex and difficult to win. In order to bring a successful medical malpractice claim, the injured party must be able to prove that the defendant deviated from the standard of care and that this deviation caused the injuries. This may require expert testimony and a thorough review of medical records.
Additionally, insurance companies may fight medical malpractice claims aggressively, even in cases where the claim has merit. Therefore, it is important to seek the advice of an experienced attorney if you are considering filing a medical malpractice claim in New Jersey.
With the guidance of a skilled attorney for Medical Malpractice Cases, you can have the peace of mind that comes with knowing that your case is in competent hands. For more information on Medical Malpractice Law in New Jersey, a free initial consultation is your next best step. Get the information and legal answers you are seeking by texting or calling (973) 204-6573 today.
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