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Medical malpractice cases can be difficult for lawyers to bring due to the high level of skepticism among juries and the perception that such cases are often frivolous. However, this perception is not necessarily supported by the facts.
In reality, medical malpractice cases are only brought in cases where there has been a serious injury and it is clear that malpractice occurred. This requires the hiring of medical experts to testify on behalf of the plaintiff, which can be a costly process.
As a result, lawyers are unlikely to take on cases that are unlikely to succeed, as they would be unlikely to recoup the expenses associated with bringing such a case to trial.
Overall, it is important to recognize that medical malpractice cases are only brought in cases where serious harm has occurred and there is clear evidence of malpractice.
Medical malpractice claims can be brought against a variety of parties, including doctors, hospitals, nursing homes, and dentists. In New Jersey, medical malpractice claims can also be brought against the state if the incident occurred at a state-owned facility.
In order to bring a medical malpractice claim, it may be necessary to file a tort claim within 90 days of the incident if the defendant is government related, although there is generally a 2-year statute of limitations for these cases.
An Affidavit of Merit from a medical expert in the same specialty as the defendant must also be filed shortly after the case is brought. This is designed to prevent marginal cases from being brought, as a medical malpractice case requires a significant investment of time and resources.
In order to succeed in a medical malpractice case, it must be shown that the defendant deviated from the standard of care, which is the accepted level of care in the medical community. This requires expert testimony from a medical specialist in the same field as the defendant.
Insurance companies for medical professionals often fight medical malpractice cases aggressively, even in cases with strong merit, so it is important for plaintiffs to have a solid case before proceeding.
Medical malpractice cases are typically based on evidence contained in hospital and medical records. To determine if there has been a deviation from the standard of care, it is necessary to consult with a medical expert in the same field as the defendant.
This expert will review the records and may also help prepare the attorney for the deposition of the defendant, during which the defendant will be questioned orally under oath and the responses will be recorded by a court reporter.
Based on this review of the evidence and any additional information that may come to light, the expert will provide an opinion on whether the defendant deviated from the standard of care and whether this deviation caused the plaintiff to suffer a serious injury. This expert testimony is a key component of a medical malpractice case and helps to establish the basis for the claim.
With the guidance of a skilled attorney for Medical Malpractice Cases, you can have the peace of mind that comes with knowing that your case is in competent hands. Our firm has extensive experience with these cases. Please see the “Cases” section of this website which discusses several malpractice cases we have brought.
For more information on Medical Malpractice Law in New Jersey, a free initial consultation is your next best step. Get the information and legal answers you are seeking by calling (973) 204-6573 today.