What Constitutes Medical Malpractice? Do I Have A Case?

Even good doctors and nurses make mistakes. But not every mistake or bad outcome is grounds for malpractice. There are three main elements of a viable lawsuit for medical malpractice:

• Evidence of negligence — You must prove, based on expert testimony, that a medical professional deviated from accepted practices in their actions or decisions, and that the deviation from the medical standard caused your harm.  You establish these elements of a malpractice case by hiring a law firm, such as Porzio Injury, that retains medical experts who are qualified to evaluate whether the treatment was appropriate and, if not, whether the treatment caused your harm.
• Lasting harm — Because malpractice lawsuits are expensive to prosecute, most malpractice lawyers will take cases only where the patient has suffered a serious and permanent injury, disability, or disfigurement. No harm, no foul. The Porzio Injury team is qualified to address the degree of harm and medical causation.
• Physician affidavit — To file a malpractice lawsuit in New Jersey, an expert practicing in the same field as the medical provider being sued must attest that the care constitutes malpractice. If the case goes to trial, both sides will retain competing medical experts. With our experience, we have the resources necessary to identify appropriate medical experts for just about any type of case.
• Deadlines – There are deadlines clients should know about for every case.  The deadline for filing a lawsuit is called the statute of limitations.  A court will dismiss any lawsuit filed after the statute of limitations expires.  In addition, before suing a public entity or public employee, a client must file a Notice of Tort Claim with the appropriate public entity or employee.  In New Jersey, the Notice of Tort Claim must be filed within 90 days of the date that a cause of action accrues.  If a timely Notice of Tort Claim is not filed, then the potentially responsible public entity or public employee may not thereafter be sued.  Because of these deadlines, clients should consult an attorney immediately upon suffering harm they believe was caused by the negligence of another.

The Legal And Medical Credentials To Evaluate Your Case

The real skill in evaluating medical malpractice claims is the ability to understand — and explain — technical medical concepts. Attorney Lee Goldsmith is a licensed physician of more than 40 years. Lee and the Porzio Injury team will assess your case to decide whether you have grounds to sue those who caused your injuries or the injuries of a family member or friend.

What Is My Malpractice Case Worth?

Damages in a lawsuit are based on tangible losses and harm. For example, you might be entitled to compensation for:

• The costs of medical intervention to correct the mistake
• Ongoing medical care (surgery, rehabilitation, nursing care, medications, medical equipment)
• Lost wages and projected lost income or earning capacity
• Disfigurement
• Permanent disability or loss of use of a body part or bodily function
• Diminished quality of life or shortened life expectancy
• Conscious pain and suffering
• Wrongful death damages for the lost contributions
• Emotional distress

We work closely with clients and their family members to portray how the medical negligence has changed their lives and caused specific hardships. We also work with medical specialists, physical therapists, actuaries and economists, life care planners, and other professionals to translate those harms into a demand for damages.

If the medical providers and their insurance companies are not willing to settle a case for a reasonable amount that covers your needs, we are prepared to go to trial.

Get A Free Case Evaluation

We don’t take every case, but we have a very high success rate of favorable verdicts and settlements in those cases we do pursue. There is no cost to you for the initial consultation or to have our legal team review your records. We do not receive an attorney’s fee unless we recover compensation on your behalf.

Find out if the legal team at Porzio Injury can be of service. Call 201-429-7892 or contact us online.