What to Consider Before Attempting to File a Claim for Medical Malpractice
Medical Malpractice Overview
Each year, thousands of people living in America will have the unfortunate experience of going through something traumatic at the hands of a trusted physician or medical personnel. While medical professionals owe a duty of care to their patients to uphold certain standards and provide the best care possible, they do make mistakes that can cause problems for the patients that are putting their trust in them. Prior to filing a lawsuit, it is necessary to consider several factors.
Sometimes things go wrong and it is not the fault of the doctors, surgeons or other medical staff members. It may simply be an issue that was undetected because the patient did not receive care soon enough for an ailment. It all depends on the situation. Not all problems that occur in a hospital or doctor’s office are medical malpractice situations. A lawyer would need to investigate the situation before agreeing to file a claim for the victim.
There are times when a surgical procedure goes wrong. It does not mean that the surgeons did not do the best job possible. However, there are some risks involved during surgical procedures. Patients will often learn about these risks and agree to undergo the procedure despite the risks. When something goes wrong and it is not because the surgeons or physicians made mistakes, it is not a medical malpractice issue. An experienced medical malpractice lawyer will gather more information to find out if there is a good chance of reaching a settlement when pursuing a claim against the medical professionals due to a situation that the victim was involved in.
What Are the Deciding Factors?
Attempting to file a lawsuit against medical staff and/or the hospital is something that can take time and a lot of resources. Victims need to make sure there is plenty of evidence to prove that wrongdoing occurred, causing them to suffer at the hands of medical professions that were trusted. The victim and lawyer must consider the amount of evidence available, the costs associated with pursuing legal action, the extent of the injuries, and the likelihood of reaching a settlement or winning more than $60,000 for the victim.
Some cases are far more complex than others. It is the reason why victims of medical malpractice need to reach out to experienced attorneys for guidance and assistance throughout the legal situation. The attorneys would start focusing on the investigation to find out what went wrong and how it all happened. They will make sure they can prove that medical negligence occurred before they officially file that lawsuit. When the injuries are more severe and there is a chance that the victim will end up with a permanent disability as a result of what happened, it is often a bit easier to prove that medical malpractice occurred while having a negative effect on the victim.
Additional Things to Consider
An attorney will want to find out if certain rules were not followed by the medical staff. Someone may have made a mistake that caused the injuries of the victim, such as a registered nurse, physician, or even a surgeon. If there is a way to prove that a mistake was made, even if it was unintentional, the claim has more potential. The attorney would need to consider which damages to seek from the medical professionals and/or the hospital, including compensatory damages and punitive damages.
Contact A Medical Malpractice Attorney in Red Bank, Hazlet or Brick for a Consultation About Your Medical Malpractice Case
Were you or a loved one injured due to medical malpractice in New Jersey? Then you need to talk to an experienced medical malpractice lawyer as soon as possible for guidance on how to proceed. The medical malpractice attorneys at Drazin and Warshaw, P.C. are prepared to assist you with your legal claim. We represent victims of negligent surgeons, doctors, nurses, and pharmacists throughout New Jersey, including Red Bank, Long Branch, Holmdel, Freehold and the rest of Monmouth County and Ocean County. Call us today at 732-747-3730 or fill out our online contact form to schedule a consultation. Our main office is located at 25 Reckless Place in Red Bank, NJ 07701 and we also have offices in Hazlet and Brick.
The articles on this blog are for informative purposes only and are no substitute for legal advice or an attorney-client relationship. If you are seeking legal advice, please contact our law firm directly.