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The law states harm caused to patients resulting from the failure to diagnose or the misdiagnosis of an injury or illness in certain situations qualifies as grounds for a lawsuit.  Examples of such situations include a child’s birth, the misuse of prescription medications and flawed treatment approaches for medical conditions.  Meet with our legal counsel and we will provide you with the information necessary to decide if pursuing litigation is prudent.  Our overarching goal is to maximize your compensation for injury, illness, pain and/or suffering resulting from medical malpractice.

Medical Malpractice Cases

Our medical malpractice team is here to fiercely advocate on your behalf to maximize your benefits.  We have successfully represented clients in an array of medical malpractice matters.  We will carefully assess and prepare your case to ensure you are provided with all of the benefits you deserve.  Our previous clients have received cash settlements to account for medical expenses, lost wages, pain and suffering.  However, such positive outcomes are only possible if the case goes to trial.  In some cases, our personal injury attorneys can even obtain lucrative settlements without engaging in legal battle in a courtroom.  Let’s take a quick look at some of the most frequently asked questions clients pose in regard to medical malpractice lawsuits.

Medical Malpractice FAQ

Is it possible to file a medical malpractice lawsuit against someone other than a doctor?

Yes.  Medical malpractice lawsuits can be filed against any person or group that provides health care services.  As an example, medical professionals ranging from doctors to nurses, physical therapists, optometrists, medical facilities and hospital groups can be sued for medical malpractice.

How can I determine if I can file a medical malpractice case?

A worse-than-expected result following medical treatment is not a surefire indication you have been subjected to medical malpractice.  Sadly, things can go wrong even with top-notch medical care.  For the most part, there must be expert medical testimony that states no reasonable medical care provider would have acted as yours did in order to win your medical malpractice case.  However, the rub lies in defining reasonableness and proving the care provider acted unreasonably.  Reasonableness is determined by examining reasonable care in the context of the medical practice’s state at the moment of the injury or illness, the location where the care was provided and available knowledge.  It must also be proven through expert testimony that the health care provider’s negligence caused the injury.  Doctors can be negligent yet not be liable for medical malpractice unless the death or injury was caused by another factor.

What does informed consent mean?

When a doctor is to perform a medical procedure, he or she must notify the patient of that procedure along with potential consequences.  This notification is known as informed consent.  A doctor who fails to provide informed consent will likely be served with a medical malpractice lawsuit.  There are certain situations in which a doctor does not have to obtain a patient’s informed consent.  As an example, if the patient is unconscious and a family member cannot be reached during an emergency or if there is not a living will, informed consent is unnecessary.

How can I obtain my medical records?

State law permits patients to obtain copies of their medical records.  The request for a copy of one’s medical records must be made in writing and provided to the medical facility.  However, it will take some time to secure the records.  In some situations, frequent requests are necessary.  As an example, a doctor’s records will note prescriptions written for a patient yet the pharmacist’s records of the patient’s consultations that detail the medication’s side effects will not be included.  It might be necessary to contact several service providers.  In some cases, there is a copy charge applied to each page for the transmission of these records.

Is there a statute of limitations for medical malpractice lawsuits?

State law sets the statutes of limitations for medical malpractice cases.  The statute of limitations is usually between one and seven years.  The opportunity to file a lawsuit has the potential to expand, if the circumstances are appropriate.  However, if the claim is filed after the statute of limitations expires, the court is unlikely to accept it.

What is the typical settlement amount for a medical malpractice lawsuit?

There is no typical settlement amount for this type of lawsuit.  The settlement amount hinges on the unique facts of the case.  Each injury and case is completely unique.  The injury’s impact on one’s earning capacity, life functions and the manner in which the jury perceives the injured individual all matter a great deal.  Even the area’s local sentiment concerning medical malpractice has the potential to shape the outcome of these cases.  The only way to accurately determine the worth of your medical malpractice lawsuit is to meet with an attorney for a thorough review of your case.

Contact Our New Jersey Medical Malpractice Attorney Today

Reach out to our medical malpractice attorney immediately for a free consultation. Let us go over the details of your case and begin developing the appropriate legal strategy. Our Oakhurst, Howell and Toms River offices serve community members across all of New Jersey.