Nearly 180,000 people suffer harm, injuries and death because of negligent care or a medical error made by a physician or medical professional. Only a small percentage of these people seek the legal advice of a New Jersey medical malpractice attorney or trial lawyer to take action and receive the medical malpractice settlement they deserve.
Medical malpractice, also known as medical negligence, is the failure of medical professionals to provide the necessary care or treatment to patients. The medical malpractice may sadly result in birth trauma, undiagnosed illness, personal injury, wrongful death or substantial loss of income.
When you ask a medical professional to help you, you expect this person to provide adequate treatment that meets the standards of good medical practice. A health care provider, such as a doctor, nurse, HMO or hospital, is expected to do just that — give you the care you need.
What are some signs and conditions that result from medical malpractice?
• Not getting a straight answer from your doctor
• Hints and “whispers” from the medical staff about “mistakes” in your care
• Unexplained doctor or nursing errors
• Unexpected birth trauma or birth defects
• Ob/gyn injuries
• Dangerous drugs given incorrectly
• Sudden and unexpected death of a loved one
• Leaving and returning to the hospital multiple times
• Unexpected infections
• Gastric bypass problems
• Shoulder dystocia
• Cerebral palsy
• Erb’s palsy
• Laparoscopic surgical injury
• Bed sores
• Falls and other injuries during hospitalization
• Lasik eye surgery
• Unexplained surgical errors
• Cosmetic surgery malpractice
• Anesthesia malpractice
• Equipment failure
• Improper consent
• Inexperienced or student surgeons
• Medication errors
• Failure to diagnose cancer
• Failure to diagnose stroke
• Nerve damage
• Blood transfusion mistakes
• Missed or wrong diagnosis
What if a medical error is made but no harm is done?
It’s sort of like the saying, “No harm, no foul.” If a patient is unharmed by a medical error, he or she cannot recover damages. Here are two examples of cases to illustrate when a lawsuit can and cannot be filed.
Case I: No medical malpractice
A doctor misdiagnoses stomach pain as appendicitis. Surgery shows the pain resulted from a perforated ulcer. If the patient would have required the surgery to repair the ulcer anyway, the patient is probably unable to bring a lawsuit. No harm, no foul. The surgery is necessary with the correct diagnosis.
Case II: Medical malpractice
A doctor misdiagnoses stomach pain as appendicitis. Surgery shows the patient was only suffering from indigestion. The surgery was likely unnecessary. Because the doctor performed unnecessary surgery, this would most likely be a case of medical negligence.
What if I signed a consent form? Do I lose my rights?
Patients sign a great deal of papers when they go into the hospital. Our research shows that most people never read these forms before they sign. So, when medical malpractice occurs, the first question they ask is if they’ve waived their rights to bring a medical malpractice lawsuit. Just because you sign a consent form doesn’t mean a health care provider can get away with malpractice. When you sign the form, you acknowledge the stated risks and complications that can occur with the treatment or operation.
However, you are not agreeing to accept medical malpractice. It is against the law for a health care provider to ask you to waive his or her duties to meet the standard of care and perform the required task.
What should I do if I suspect medical malpractice?
That’s easy. Talk to a medical malpractice attorney who can answer your questions.
First, you’ll want to consult with an experienced trial lawyer that knows about medical problems and medical laws. One person you can talk to is a medical malpractice attorney. An experienced medical malpractice trial lawyer can explore and analyze the issues surrounding your situation so you can better understand whether you have a medical malpractice case.
This requires research as well as in-depth analysis of medical records, tests and studies. New Jersey negligence lawyers can help you look at MRIs, CAT Scans, pathology studies and more to determine the next course of action.
What will a New Jersey medical malpractice attorney do for me?
Step One: Determine if there’s a medical malpractice case
At the Mininno Law Office in Collingswood, NJ, and Philadelphia, be reviewed by a medical professional that will assess your personal injury, birth trauma or the medical error that was made. These professionals will go over your medical history, records, operative reports and medical tests to see if you have a strong case for medical negligence.
Step Two: Determine if you need an attorney
If you have a case, the firm will invite you and your family to meet at their offices and have an open and honest discussion about the merits of your case. All of your questions and concerns will be answered and then you and your family can decide if the case should be filed. If you decide to proceed, the Mininno Law Office will then notify your doctors about your medical malpractice or medical negligence claim. You will not have to tell your doctors yourself. We will get your medical records and make sure that you are protected from day one.
The attorney will work with the insurance companies, your doctors, the hospital system and medical law system to find out what your rights and legal options are. While the victim fights to regain health and recover from a personal injury or other medical error, the medical malpractice attorney will fight for your legal rights. We will help you explain your situation to your bill collectors and make sure that any medical bills are properly submitted to your insurance carriers for payment.
When you come to the Mininno Law Office, you will receive a free case evaluation or consultation with our team. They will be able to break down the details of your case and determine if you need a medical malpractice attorney.
How much will a medical malpractice attorney cost?
Generally, attorney fees are not cheap, and lawyers know that defendants may not have the money to hire them. However, the Mininno Law Offices will work on “contingency fee basis,” which allows you to get the best legal representation available without having to pay up front. In other words, contingency is service now, pay later.
Another benefit of working on a contingency basis is that you do not pay legal fees unless and until you win. As a fee, the lawyer receives a percentage of your recovery as compensation. Most lawyers receive for 33 to 40 percent of your compensation. In the event that you do not win the case, if you’re working with a medical malpractice lawyer on contingency, you do not have to pay any fee. In other words, we work for free unless or until we are successful.
How long will my case take and what else can I expect?
A medical malpractice lawsuit is a battle. You can expect a long, tiring process. You must be prepared to answer written questions, some of them personal in nature, and be prepared to answer questions about your case at an attorney’s office. But don’t worry. We will be with you the entire time to protect your rights. You may find yourself spending a large amount of time each day helping your attorney with the case. It’s a team effort.
These cases are usually not quick and simple. Sometimes they are resolved quickly, but it may take months or even years for a case to be resolved.
Do you have any other questions? Get free help now
We have tried to answer some of the basic questions most people have when they consider whether they need a medical malpractice attorney. But, we are available to answer any other questions you may have. Just contact the Mininno Law Office by sending us a question on the form to the left and we will give you an answer.
Or, if you would like to speak immediately with a New Jersey malpractice lawyer, you can call (856) 833-0600. If you would like to speak to a Pennsylvania lawyer, you may call (215) 567-2380.
More Information about Medical Malpractice and Negligence
- Medical Malpractice Attorneys Read Leapfrog Group Report Regarding Hospital Safety - 2012-06-25
- Medical Malpractice Lawyers Advise Patients of Smith & Nephew’s Intention to Remove Hip Replacement Devices from the Market - 2012-06-06
- Medical Malpractice Attorneys Report FDA Recall of Cardiac Science AEDs - 2012-03-09
- Medical Malpractice Attorneys: Dentist Gets Jail Time for Paper-Clip Root Canals - 2012-02-23
- Medical Malpractice Attorneys Take Issue With Physician Opinions on Honesty and Disclosure - 2012-02-16
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