Elizabeth NJ Medical Malpractice Attorneys
A medical malpractice case offers an injured patient an opportunity to recover financial losses and damages caused by medical malpractice. It can also help to call attention to or correct a larger problem in the medical community.
Bringing a medical malpractice case is more complex than commonly believed, and is governed by a number of restrictions and guidelines. What’s more, actually succeeding and winning compensation is a complex process requiring special resources and experience on the part of a law firm.
If you feel that you or a family member has been harmed by a medical error or malpractice, contact us to have your situation evaluated by an experienced attorney, who can determine how valid your case is, and how likely you are to recover compensation.
In general, this will depend on the ability to prove:
- The standard of care
- The physician breached that standard of care
- This breach or negligence directly caused the injury or death or contributed to it
- The claimants are justly entitled to compensation for the injury
It is usually necessary for your attorney to obtain copies of your medical records, and have other physicians examine them.
You can file a medical malpractice claim against a doctor, physician’s assistant, dentist, nurse, medical technician, pharmacist, or anyone involved in causing the injury.
The requirements of a medical malpractice case will depend on the particular laws in the state where you file the case. The standard of care can also be different in different locations or facilities. The standard of care of a big-city university hospital might be quite different from that of a small public clinic in a rural area.
You must normally file a medical malpractice case within two years from the time the error occurred. This applies even if you didn’t discover the error until much later. However, the time in which you must file a medical malpractice claim may vary depending on your particular case. You should contact an attorney immediately if you believe you have a claim for malpractice to determine the applicable statute of limitations period.
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A hospital malpractice case may or may not be more difficult to prove than medical malpractice, and it may be a lengthy process.
During the birth process, whether in a hospital or in some alternative birth facility, the chances of injury increase with the difficulty of the birth.