How Do I Know if I Have a Medical Malpractice Case?
Medical practitioners are highly skilled and dedicated professionals who often work miracles. However, there are times where that standard of care fails and can leave a patient with serious complications. They can be confused as to whether their health issues are, in fact, the result of medical malpractice, or the uncertainty of medical science.
The personal injury law firm of Kantrowitz, Goldhamer & Graifman represents New York and New Jersey clients in medical malpractice lawsuits against health care providers whose negligence has led to serious health issues. We understand the fact patterns that are common to medical malpractice. We can assess your situation privately and confidentially if you have a medical malpractice case.
The liability standard in medical malpractice cases
Medical malpractice lawsuits are a subset of negligence and injury cases. To be successful, the patient will need to demonstrate that the provider owed the patient a duty and standard of care. Furthermore, the provider breached that standard of care and that the patient suffered injuries as a direct and proximate result of that breach.
The duty of care arises automatically from a doctor-patient relationship. Once that relationship is established, a knowledgeable and experienced medical malpractice attorney can analyze the doctor’s conduct. The attorney will also analyze the patient’s injuries and determine if the circumstances reflect medical malpractice.
Common medical malpractice elements
The fact patterns in medical malpractice lawsuits typically fall into one of three broader categories:
- the physician performed certain injury-causing procedures without first explaining the major risks and procuring the patient’s informed consent for those procedures;
- the physician did not diagnose an illness correctly, and the illness then became much worse;
- the physician makes a serious mistake during surgery or prescribes improper medications that cause harmful side effects.
Medical malpractice cases are different in different states
The procedures of a medical malpractice lawsuit will vary from state to state. In particular, medical malpractice cases in New York and New Jersey will advance according to rules that are unique to each of those states.
In New York, a Rockland County medical malpractice lawyer will advise you that your case must be filed within two and one-half years with few exceptions. In addition, under New York law, an injured patient might collect compensatory damages and non-economic damages for injuries such as pain and suffering.
In New Jersey, a Bergen County medical malpractice attorney will tell you that you have less than two years to file your lawsuit. New Jersey law also requires injured patients to file a “certificate of merit” within sixty days after filing. This is a licensed expert’s verification that your medical malpractice case satisfies the state’s standards.
The parties that may be liable for medical malpractice damages
Multiple health care providers and institutions may be involved in the treatment of an illness or injuries. Therefore, your medical malpractice case might include multiple defendants, including doctors, hospitals, as well as health care systems, nurses, and other providers of medical services or equipment. Knowing which party or parties to sue is often a critical aspect of determining whether you have a case. A negligence and injury lawyer who has medical malpractice expertise is your best resource to file your case.
Contact the lawyers at Kantrowitz, Goldhamer, & Graifman For Answers to Questions About Your Potential Medical Malpractice case
If you have suffered injuries or medical complications in New York or New Jersey, please see our website or call the medical malpractice law firm of Kantrowitz, Goldhamer & Graifman, for a consultation. If you retain us and we elect to represent you, we will fight to recover the full amount of damages that may be available to compensate you for your losses and injuries.