Frequently Asked Questions About Medical Malpractice

Q. Something went wrong during my surgery but I was told there was a chance that it wouldn’t work as planned. What should I do?
A. When you visit a medical professional, your expectations are to be treated appropriately, to receive competent medical attention and care. However, medical professionals are also human, and mistakes occur. Medical malpractice involves damage or harm to a patient caused by a negligent act or omission caused by a medical service provider. It frequently involves error in diagnosis, error in treatment, or mismanagement of illness. If an injury occurs as a result of these negligent acts or omissions, there is cause for legal compensation.

Q. What exactly is medical malpractice?
A. Medical malpractice is defined as a deviation from an accepted standard of medical malpractice that results in serious injury or death. Many people fail to report medical malpractice, and some die from it without the cause ever being linked to medical malpractice. This is partly caused by not knowing what constitutes medical malpractice.

Q. What are some of the kinds of medical malpractice?
A. Some of the most common medical malpractice injuries include birth injury, defective medical products, prescription drug malpractice, surgical and anesthesia errors, misdiagnosis, failure to obtain informed consent, failure to diagnose, late diagnosis resulting in diminished chances for survival, and, unfortunately, there are many more.

Q. How are New Jersey laws different than other states for medical malpractice?
A. NJ medical malpractice laws generally differ from those of other states. In New Jersey, there are key differences in expert witnesses rules, joint and several liability, and the statute of limitations.

Q. I’ve decided to sue my doctor. Now what?
A. The first step in the New Jersey litigation process for medical malpractice is establishing if indeed there is a case that is worthwhile pursuing. Contact your Newark malpractice attorneys to assess the validity of your case. Once validity is established, the medical malpractice litigation process in New Jersey begins. The major steps are complaint, discovery, settlement, trial, and appeal.

Q. I don’t really want to go to court; if I just want to take an offered settlement, would I really need a lawyer?
A. Whether you are hoping for an automobile accident settlement, defective products settlement, or medical malpractice settlement, you should have an experienced negotiator on your side. Insurance companies sometimes try to take advantage of people without attorneys.

Q. How do I find the right malpractice attorney?
A. First, make sure the attorney has good experience in medical malpractice – medical malpractice is a very involved, complex form of litigation. To truly have success in this form of law, experience is necessary.

Q. Why get legal advice before filing a malpractice claim?
A. A lawyer with malpractice law experience will help you determine if you have a case, understand the technical details, prepare for fierce opposition, and come up with right approach to presenting your case.

For more information about medical malpractice law and your options, call the attorneys at Kirsch, Gelband & Stone today at (973) 623-0100 or use the email contact form.

contact us
Servicing the following New Jersey areas: Essex County, Union County, Morris County, Hudson County, Bergen County, Passaic County, Middlesex County, Newark, Elizabeth, Union, Irvington, Orange, East Orange, South Orange, West Orange, Millburn, Kearny, Harrison, Bloomfield, Jersey City, Union City, North Bergen, Paterson, Passaic, Hillside, Linden, Belleville, Caldwell, Montclair, Nutley, Verona, Fairfield, Maplewood, Roseland, Cranford, Old Bridge, Perth Amboy, Iselin, New Brunswick, Wayne, Clifton, Woodbridge, Carteret, Colonia, Edison, Metuchen, Plainfield, Rahway, Roselle, Springfield, Summit, Roselle Park, East Hanover, Florham Park, Morristown, Arlington, West New York, Fairlawn, Glenrock, Lodi, Hackensack, Rutherford