South Jersey Medical Malpractice Lawyer
Joseph Monaco, 2nd Generation Trial Lawyer
Call me at 609-277-3166
South Jersey Medical Malpractice claims are highly complex and vigorously fought by big insurance companies and hospitals. There are three basic requirements to bring a medical malpractice case: (1) the existence of a physician-patient relationship, (2) the medical provider, i.e. nurse, physician, hospital, was reckless or negligent by not following standards of care set by the medical community and (3) the reckless or negligent conduct resulted in serious injuries or wrongful death. Call me, Joseph Monaco, South Jersey Medical Malpractice Lawyer, to learn your or your loved one’s rights in seeking justice when needlessly injured or killed.
South Jersey Expert Witness Testimony
In 1995, New Jersey enacted N.J.S.A. 2A:53A-27. Before filing a civil action in Court, this statue required an Affidavit of Merit prepared by a licensed physician who has “particular expertise in the general area or specialty involved.” In 2004, the qualifications of an expert witness were specified in greater detail. An expert must be Board Certified in the same specialty as the medical provider being sued. This statute unfairly limits the ability of highly qualified physicians with similar credentials from testifying as an expert witness in a medical malpractice case. For example, a neurosurgeon who performs spinal surgery is not permitted to testify regarding an orthopedic surgeon who botched a spinal surgery, or a Board Certified Pulmonologist will not be permitted to testify regarding an emergency room physician who treated a patient for a pulmonary condition. These statutes were pushed by the medical community and big insurance companies to deny patients their day in Court.
If you or a loved one are a victim of medial malpractice in South Jersey, call me Toll-Free 855-Joe-Legal. Free Consultation.