What Happens After Filing a Medical Malpractice Lawsuit in New Jersey

Filing a medical malpractice lawsuit in New Jersey is a significant step for anyone who believes they have been harmed due to medical negligence. But once the lawsuit is filed, what happens next? Understanding the process can help ease some concerns and clarify what to expect in the coming months or even years.

After you file your medical malpractice lawsuit, you will receive a timeline that includes several pivotal stages. The first step involves the defendant—the medical professional or institution being sued—responding to the complaint. In New Jersey, the defendant typically has 35 days to file an answer to the complaint after being served. This response may include admissions or denials of the allegations made against them.

Next comes the discovery phase. During this period, both parties gather evidence and information related to the case. This may involve the exchange of documents, interrogatories (written questions), and depositions (sworn testimony). Discovery can last several months, as both sides seek to build their cases and gain a thorough understanding of the opposing party's arguments.

Medical malpractice cases often require expert testimony to substantiate claims of negligence. In New Jersey, plaintiffs are generally required to provide an affidavit of merit, which states that a qualified expert has reviewed the case and agrees that there could be a valid claim of malpractice. This affidavit must usually be filed within 60 days of serving the complaint. Identifying and securing a reliable expert can take significant time, so it is crucial to begin this process promptly.

Following the discovery phase, both parties may participate in mediation or settlement negotiations. This stage aims to resolve the case without going to trial. Many medical malpractice lawsuits are settled out of court, as trials can be lengthy and costly for both sides. If a settlement cannot be reached, the case will proceed to trial.

The trial phase involves presenting evidence in front of a judge or jury. Each side will argue their case, and the jury will ultimately decide whether the defendant is liable and, if so, what damages should be awarded. The trial process can vary greatly in duration, depending on the complexity of the case and the court's schedule.

After the trial, if the jury rules in favor of the plaintiff, the defendant may choose to appeal the verdict. This means the case could enter yet another phase, prolonging the resolution. However, if both parties agree to the trial's outcome and no appeals are lodged, the awarded damages will be paid according to the court's ruling.

It's important to note that the statute of limitations for filing a medical malpractice lawsuit in New Jersey is generally two years from the date the injury is discovered. Therefore, working promptly and efficiently through the various stages of the lawsuit is crucial to achieving a favorable outcome.

In summary, after filing a medical malpractice lawsuit in New Jersey, you can expect a series of steps including the defendant's response, discovery phase, expert testimony acquisition, potential mediation, and possibly a trial. Each stage serves as a critical component in the overall process, contributing to the pursuit of justice and compensation for the plaintiff. Understanding these phases helps prepare individuals for what lies ahead as they navigate their legal journey.