Many individuals have been lead to believe that it is easy to bring a lawsuit against a doctor for malpractice. This notion is mistaken. New Jersey has one of the toughest laws protecting doctors from frivolous lawsuits.
The New Jersey Legislature passed the Affidavit of Merit statute N.J.S.A. 2A:53A-27 which requires that an Affidavit of Merit be filed from a healthcare professional specialist in the same field of practice as the defendant doctor that is being sued. For example in a suit against a cardiologist, one would need an Affidavit of Merit from a practicing cardiologist. In a lawsuit against an internist, infectious disease doctor and cardiologist, an affidavit of merit would be required from three separate practicing specialists in each practice field. If an Affidavit of Merit is not timely served, a plaintiff’s lawsuit can be dismissed with prejudice.
So, the idea that it is easy to file a lawsuit against a doctor is a myth. In addition to the necessity of an Affidavit of Merit, a doctor who commits malpractice is often protected because another physician corrects the error made before the patient suffers severe damage. There may be malpractice but that malpractice is corrected or lessened in severity by another more skill doctor. Because of the expense of bringing a malpractice case, only cases whose damages warrant filing the action will result in litigation.
We work with skilled attorneys in New Jersey in assisting seriously individuals who believe they were victims of medical malpractice to evaluate their potential claim and if possible seek to recover damages to assist them in being compensated. Call our office at (973) 481-4364 to make an appointment to discuss the specific facts of your case.