Medical malpractice is one of the most serious legal issues you can find yourself in at any age. When you visit a doctor’s office, go to the hospital for an injury or illness, go under the knife for a surgery or receive any type of medical treatment you expect to be cared for with the utmost respect and highest level of care. It’s not uncommon for a doctor, surgeon, nurse, pharmacist or other medical professionals to make a mistake and cause an injury to you. Today, we will look at the top seven questions to evaluate the validity of a medical malpractice claim.
1. Is Fault or Negligence Present?
This is the first question you need to ask when determining if a medical malpractice case if valid. If there is no fault or negligence present then there’s really no reason to move forward with a lawsuit or pursue other legal ramifications.
2. What Are the Damages I Suffered?
You need to be able to create a list of damages that you suffered as a result of the actions taken by the doctor or nurse. Damages can include mental suffering, physical pain, the need for future surgery, the need for future medical treatment, the need for home health care, the need for a handicapped van, lost wages and more.
3. Were the Damages Caused by Medical Malpractice?
The only damages that the medical professional is responsible for when it comes to a medical malpractice case are those that caused harm to the patient or caused by the negligent actions of said professional.
4. Is the Malpractice Clearly Defined?
The malpractice must be clearly defined in order for such a case to be considered valid. A medical expert must review the case and rule that the medical professional in question acted below the required standard level of care. Some medical errors are much more obvious than others, which is why this can be difficult to pinpoint.
5. Were There Any Issues Present for the Plaintiff?
A court will want to know if the plaintiff in the case had any issues present when the reported medical malpractice took place. These issues can include a history of smoking, if the plaintiff is a convicted felon, if there were pre-existing medical conditions and how the plaintiff will look in front of a jury.
6. Is There Any Insurance Present?
Almost all doctors will have some form of insurance. But, those who operate independently of hospitals or other medical groups might not have coverage. It might still be worth pursuing a medical malpractice claim if a doctor has substantial personal assets you can go after in court.
7. Does the Medical Professional Have a Checkered Past?
It’s important that you and your attorney look into the past of the medical professional at the heart of your medical malpractice case. Find out if they have a checkered past. For example, have they been sued before for malpractice? Will the professional appear as uncaring or unkind in front of a jury? Will the medical professional appear as competent?
Contact a Haddonfield Medical Malpractice Attorney for a Consultation About Your Misdiagnosis Case in NJ.
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 Haddonfield medical malpractice attorneys at Andres, Berger & Tran are prepared to assist you with your legal claim. We represent victims of negligent surgeons, doctors, nurses, and pharmacists throughout NJ including Haddonfield, Cherry Hill, Voorhees, and throughout Camden County. Call us today at 856-317-6558 or fill out our online contact form to schedule a consultation. Our main office is located at 264 Kings Highway East Haddonfield, NJ 08033.
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.
