Malpractice is defined as an incident in which medical treatment falls below the accepted standard of care. According to the law, your physician has a â€śdutyâ€ť to care for you according to the highest possible standards of his profession. A failure of this duty is called a â€śbreach,â€ť and if this breach causes injury, the patient or her family may be entitled to sue for damages.
Because every medical procedure entails some level of risk–including patient death– not every patient who experiences a poor outcome has suffered medical malpractice injuries. When looking for a personal injury lawyer, make sure the one you choose is qualified to try malpractice cases; her expert staff and experience in the field will help her decide whether or not your complaint is worth pursuing. If so, you will be required to file, along with your suit, an Affidavit of Merit from a board-certified physician in the same specialty as the defendant, stating that he or she believes your claim has validity.
Your New Jersey personal injury attorney will determine what damages to seek (economic, pain and suffering, loss of consortium, etc.) and will represent you on a contingency basis, meaning that the firm pays all expenses involved. Should you win a settlement or judgment in your case, those expenses will be paid first, and you will receive the remainder, less any lien imposed by another party, such as Medicare.
Whether accidental or through negligence, medical malpractice injuries can affect you or your family for a lifetime through lost wages, increased medical costs, and emotional trauma. One of the most important decisions youâ€™ll make is to contact Jersey Personal Injury and get the help you need today.