How do I know if I have a medical malpractice case?

When individuals go into a medical professional’s office or into the hospital for a procedure, they expect to receive the highest standard of care. Medical professionals such as doctors and nurses have a responsibility to make sure they are not negligent in performing their duties on patients. Unfortunately, there are situations in which a medical professional does act negligently, which can cause serious injuries. In the worst cases, a patient can die as a result of medical malpractice. When there is a situation in which medical malpractice is suspected, an injured patient or their surviving loved ones may want to consider their legal options.

If you or a loved one has been injured or died and you believe there may have been medical malpractice,  it is important to consult with an experienced medical malpractice attorney as soon as possible. An attorney can inform you whether or not you actually have a potential medical malpractice case and consult with medical experts to gauge the strength of your case. These cases are very complex and may not actually always be considered malpractice. Medical malpractice cases are determined based on whether or not the medical professional(s) breached the “standard of care,” and that breach causes harm to the patient.  The “standard of care” is the generally accepted practices and procedures that other medical professionals in the field would have used when treating the patient. This standard of care is not a set standard but will vary based on a number of factors, including the region, the procedure and specialty, the patient’s age and overall health, and other factors. Expert testimony and advice is absolutely essential in these types of cases, and it is very important to consult with an attorney who can help you start the process.

Further, the statue of limitations in New Jersey for filing a medical malpractice case is two years. While under limited circumstances this can be extended, if a lawsuit is not filed within two years of the injury, the right to sue will be lost.  As the investigation period prior to filing suit can be lengthy in these cases, it is best to consult with an attorney as soon as possible after the injury.

If you require experienced legal representation for a matter of Social Security Disability, Supplemental Security Insurance, Personal Injury, Medical Malpractice, or Legal Malpractice, Siragusa Law Firm is here to help. Contact our firm today to schedule a consultation so we can discuss your case.