Medical Malpractice Settlements
Filing a Chicago Medical Malpractice Lawsuit
If you’ve come to the conclusion that you would like to file a medical malpractice lawsuit, then you should contact a lawyer.
Following are the steps to filing a lawsuit:
- Hiring an attorney: Not any attorney will do. You need to hire an attorney who specializes in medical malpractice cases. He or she will have the knowledge and experience required to handle your case. Additionally, most medical malpractice law firms have a doctor in their office or nearby who can investigate cases to determine if there is enough evidence to warrant a medical malpractice lawsuit.
- Establishing legal elements: Next to hiring an attorney, establishing the legal elements of medical malpractice is the most important step to filing a lawsuit. With the help of your attorney and a skilled doctor, you must be able to prove the elements of duty, negligence, injury, and causation. Negligence and causation will be the most difficult elements for your attorney to prove because he or she must show that the doctor or nurse caused you injury by acting or failing to act.
- Obtaining a certificate of merit: Many states require you to obtain a certificate of merit in order to reduce the number of unsuccessful medical malpractice claims. Your case will need to be validated as meritorious by a certified doctor. This means that the potential for medical negligence in your case has been acknowledged.
- Filing the suit: Once you establish the legal elements and have your case certified, you can begin the actual filing of your suit. You also must notify the defendant of your Chicago medical malpractice claim. Also, the insurance company who represents the defendant will probably launch their own investigation into your medical malpractice claim.
- Negotiating a settlement: Like other forms of personal injury, the majority of medical malpractice cases are settled outside of court. If you have a very strong case, you can expect a large settlement. However, if your case has any major weaknesses, chances are the defendant will be less likely to hand over a substantial settlement. The advantage of settling outside of court is that you are guaranteed compensation. If you decide to go trial, you may receive a larger award, but also risk losing and receiving nothing.
Every medical malpractice case is different and so are the outcomes. However, hiring experienced law firm can increase your chances of receiving a favorable settlement.
DeZao Law Firm Successfully Represents Plaintiff in NJ Motor Vehicle Accident Case
Bhaggy v. Piccirillo. Docket # PAS-L-12-08. Passaic County Court House. Honorable Garry Rothstadt. February 16 – February 18, 2010.
On November 21, 2006, Patrice Bhaggy (plaintiff) made a legal left-hand turn at a traffic light in Clifton, NJ. At the same time, Piccirillo (defendant), unable to stop in time, collided with Bhaggy, resulting in injuries to Ms. Bhaggy’s neck and back. Although her property damages were limited, her physical injuries included disc bulges in her cervical and lumbar spine as well as a herniated cervical disc.
After two days, the jury returned the verdict for Ms. Bhaggy in the amount of $100,000 with a 90/10 liability split, in favor of Ms. Bhaggy. According to Judge Rothstadt, this was the first Verbal Threshold verdict in favor of the plaintiff in Passaic County in the last three years.
For help with your personal injury case or medical malpractice lawsuits in NJ, contact the NJ personal injury lawyers at The Law Offices of James C. DeZao.
Securing Help Before You Settle a Malpractice Case
Morris County Medical Malpractice Attorneys
Morris County malpractice lawyers from Gelman Gelman Wiskow & McCarthy LLC explain how getting legal help before settling a case could earn you a just settlement.
Medical malpractice cases involve negligence or a wrongful act by a healthcare professional. The healthcare professional can be a surgeon, doctor, psychiatrist, pharmacist, dentist, nurse, and anyone else who renders treatment, medication, or equipment. You have the right to sue any person who was aware or participated in the malpractice, as well as the facility where it occurred.
A public announcement of the medical malpractice would surely diminish the faith and trust patients have in the facility and healthcare worker. A financial loss and damage to the reputation of the responsible party would be worrisome. In order to keep things quiet, the responsible party’s attorney or insurance company may offer you a settlement before you initiate a lawsuit.
You should present your case to a medical malpractice lawyer for review. Your attorney will negotiate on your behalf and ensure you receive the compensation that you deserve. Damages for pain and suffering, medical expenses, loss of earnings, and out-of-pocket expenses will be sought through litigation. Most medical malpractice cases are settled out of court, but your attorney will be ready to proceed to litigation if the settlement is not what you had anticipated.
Getting legal help from medical malpractice attorneys Gelman Gelman Wiskow & McCarthy in Bergen, Middlesex and Morris Counties is the first step to a settlement. Call us today at (973) 366-3900 or complete our quick contact web form for a free initial consultation.
Common Types of Medical Malpractice
Although a doctor is supposed to help you, there are circumstances when the doctor that is supposed to help you, in fact, ends up harming you. Regardless of whether the effect is minor or more serious, you are a victim of medical malpractice.
It is important to understand the types of medical malpractice. Several common types of medical malpractice are provided below:
- Inaccurate diagnosis – Your doctor diagnoses your condition incorrectly. The subsequent care you receive from an inaccurate diagnosis can be possibly very dangerous.
- Incorrect medication – Not only could the medication be completely wrong, but the dose could also be entirely inaccurate. Moreover, if prescribed more than one medication, an error could be made with the assumption that they can be taken together.
- Injuries during childbirth – Injuries can affect both the mother and baby. Possible causes include: inadequate pre-natal care, not recognizing signs of fetal distress, neglecting to test the fetus for genetic or physical abnormalities or improper care given with premature births
- Errors during surgery – Injuries might occur prior to surgery during prep or during surgery. Possible actions include: injuring neighboring internal organs, incorrect type/dosage of anesthesia or operating on a part that is not supposed to be operated on
- Anesthesia administration errors – It is imperative that the anesthesiologist is aware of previous medical conditions and gives the correct dose
Medical malpractice cases are very hard to prove so you should consult with an experienced medical malpractice attorney. Your attorney will evaluate your case and advise you if it is prudent to file a lawsuit.
The experienced NJ medical malpractice lawyers of Dezao Law Firm are available to answer any questions you may have regarding malpractice laws and medical malpractice settlements in New Jersey.
