Not every bad medical outcome is malpractice. Medicine is complicated, and sometimes things go wrong even when the doctor does everything right. Malpractice is specifically about a healthcare provider failing to meet the accepted standard of care and that failure causing harm to the patient.
What You Need to Prove
Four things. First, a doctor-patient relationship existed. Second, the provider deviated from what a reasonably competent provider in the same specialty would have done. Third, that deviation directly caused your injury. And fourth, you suffered actual damages as a result.
The second element is where the fight usually is. Medical experts on both sides argue about the standard of care. Your expert says the surgeon should have ordered a specific test. Their expert says the test wasn't indicated. The jury decides who's more convincing.
The Affidavit of Merit
New Jersey requires plaintiffs to provide an Affidavit of Merit from a qualified medical professional. This must state that the care fell below the accepted standard. You have to serve it within 60 days of the defendant's answer. Miss this deadline without an extension, and your case gets dismissed. The New Jersey Courts website publishes the actual statute and court rules governing these requirements.
Common Types of Malpractice
Misdiagnosis or delayed diagnosis, surgical errors, medication errors, birth injuries, anesthesia errors, and failure to obtain informed consent. Some of these cases involve traumatic brain injuries or spinal cord damage that change a patient's life permanently. Be mindful of the statute of limitations, which follows a discovery rule in malpractice cases.