What do I do if I think I have a medical malpractice claim?
Call one of the attorneys of the Michael J. Glassman & Associates, LLC, and tell him exactly what happened to you, from the first time you visited your doctor through your last contact with him or her. What were the circumstances surrounding your illness or injury? How did your doctor treat it? What did your doctor tell you about your treatment? Did you follow your doctor's instructions? What happened to you? Answers to these and other relevant questions become important if you think your doctor may have committed malpractice. Like other personal injury claims, the case will either be settled or go to trial, usually before a jury.
How does a jury determine if a doctor's actions were within the standards of good medical practice?
A jury will consider testimony by experts-usually other doctors, who will testify whether they believe your physician's actions followed standard medical practice or fell below the accepted standard of care. In deciding whether your surgeon was negligent, for example, a jury will be told to rely on expert testimony to determine what a competent surgeon would have done under the same or similar circumstances. A specialist, like a orthopedic surgeon, is held to a higher standard of care - that of a specialist - than would be expected of a non-specialist.
What if I'm just not satisfied with the results of my surgery? Do I have a malpractice case?
In general, there are no guarantees of medical results. You would have to show an injury or damages that resulted from the doctor's deviation from the appropriate standard of care for your condition.
What happens if I file a lawsuit?
You become the "plaintiff" in the case and the person or persons who injured you becomes the "defendant". Lawyers for each side (and for the insurer) typically begin gathering facts through exchange of documents, written questions ("interrogatories") or "depositions" (questions that are asked in person and answered under oath). This process is called "discovery." After discovery, many cases get settled before trial.
What will I get if I win my case?
If you win, a judge or jury awards you money, known as damages, for your injuries. That amount can include compensation for such expenses as medical bills and lost wages, as well as compensation for future wage losses. It also can compensate you for physical pain and suffering. In addition, you may receive damages for any physical disfigurement or disability that resulted from your injury.
What does it mean to settle a case?
Settling a case means that you agree to accept money in return for dropping your action against the person who injured you. You'll actually sign a "release" excluding the other side of any further liability. To help you decide whether to accept the settlement offer, we will be able to provide a realistic assessment of whether a lawsuit based on your claim will be successful. (Settlement also can take place at any point in a lawsuit once it is filed, including before trial or even after a case has been tried but before a jury reaches a verdict.) The decision to accept a settlement offer is yours, not ours.
Will the person who caused my injury get punished?
No. Punishment comes from criminal cases, not civil cases. Defendants in civil actions for medical practice cases do not receive jail terms or stiff fines as punishment. Those are "criminal" sentences and medical malpracice cases are "civil" disputes.
Does a medical malpractice lawsuit have to be filed within a certain amount of time?
The State of New Jersey has certain time limits, called the "Statute of Limitation", that govern the period during which you must file a lawsuit. If you miss the statutory deadline for filing a case, your case is thrown out of court. You should immediately discuss the time limits in your case with one of the lawyers of the Michael J. Glassman & Associates, LLC, or another attorney of your choosing.
If you or a loved one believes that malpractice has been committed by a professional health care provider, call the Michael J. Glassman & Associates today at 856.784.9222 or 888.234.4421 (toll-free). Our initial consultation is free of charge . If we agree to take your case, we will work on a "contingent fee" basis, which means the fee you pay is a percentage of the amount of money that we recover for you. Don't wait to call! You may have a valid claim and be entitled to compensation for your injuries.
