Personal Injury Lawyer Roseland, NJ
As a Roseland, NJ personal injury lawyer has seen before in past cases, there are a host of reasons for claiming you are a victim of medical malpractice. Surgical errors, incorrect prescriptions, delayed diagnosis, incorrect treatment plans, and misdiagnoses all are examples of good reasons to file a lawsuit against the doctor or medical facility. However, to triumph before a judge, you need to meet certain legal thresholds. As our team at the Law Offices of David A. DiBrigida explained below, here’s what is necessary for you to receive a high settlement amount or get a favorable verdict in court.
The Defendant Provided Treatment
A judge and jury must be able to see that you had a professional relationship with the doctor you are alleging caused you harm. If you were not an official patient, then there may not be enough grounds for legal action. Acting on advice someone gave you during a dinner party, for instance, is not enough to claim malpractice. Medical malpractice lawyers, like us, are familiar with the types of paperwork that verify whether a patient was under a specific professional’s care.
The Defendant Was Negligent
Being dissatisfied with a physician is not enough to declare malpractice. There needs to be evidence that the individual in question acted with gross incompetence or inappropriateness. Examples include distractions during surgery, failure to administer necessary tests, and a lack of attention regarding the patient’s concerns. A Roseland personal injury lawyer knows how to gather proof that shows a doctor bears responsibility for someone’s worsened condition.
The Defendant’s Negligence Triggered Injury
You need to demonstrate causality between a medical professional’s quality of care and the injury or illness you are suing over. Simply showing that a doctor’s treatments were substandard is not enough to hold that person accountable. What makes this task especially difficult is that those who were already sick usually launch malpractice cases. How is a jury to know that the condition in question did not already exist? Perhaps the problem would have developed even with different treatment, or its worsening was inevitable. Having a medical expert testify at trial is often the way to prove a link between a physician’s choices and a plaintiff’s situation.
The Defendant’s Actions Created Damages
One element that needs to be factored into your case is pain and suffering. How much you deserve for undergoing your ordeal is a subjective matter. Specialized legal counselors know how to weave this element into your case so that it results in a hefty payout. Additionally, doctor bills should be collected and tallied. A lawyer can be helpful when requesting copies of these receipts. Demonstrable charges will improve the amount of money you can hope to recover.
Immediately hire a Roseland personal injury lawyer if you believe your situation meets these standards. Even if you don’t, a legal team knowledgeable in this field of law may be able to obtain and assemble relevant information so that your case does. If you have questions, we are ready to answer them at the Law Offices of David A. DiBrigida.