Medical Malpractice Lawyers

Serving New Jersey and the Philadelphia metropolitan area

Weiss & Paarz P.C.

Friday, June 20, 2008

How is Medical Malpractice Proven?

Medical malpractice cases are not easy to prove. Extenuating circumstances can make even the most open and shut case difficult to win. One cannot sue for medical malpractice only because they had an unfortunate outcome while in the hospital. A successful malpractice case must establish the following four things:

  • Standard of Care - This is loosely defined as the actions that a reasonable healthcare professional in a community would take in similar circumstances. Healthcare professionals have a duty to provide you with a standard of care. What is considered reasonable will vary depending on the type of healthcare professional and the particular community. In other words, the standard of care in a small, isolated town may be different than a state-of-the-art hospital in a large city.
  • Negligence or Breech of Standard of Care - Once the standard of care is established, it needs to be proved that the healthcare professional did not meet the standard of care. Negligence of care can occur at any point during a hospital stay. In order to do this, it is common to call on a qualified physician to testify as an "expert witness." This physician must state that in their expert opinion, the course of action taken by the healthcare professional was unreasonable, inappropriate, or unnecessary.
  • Negligence Caused Injuries - Once substandard care is established, it must be proven that it was this negligence that directly caused the damages, injuries, or death - or, at the very least, that the mistake contributed to the worsening of the condition.
  • Liability and Damages - Once this has been established, then the claimant is entitled to damages (compensation for medical bills, lost wages, monetary compensation for pain and suffering). Damages also cover the expected losses in wages and livelihood in the future.

If you live in New Jersey or the Philadelphia metropolitan area, please contact the medical malpractice attorneys Weiss & Paarz today to determine if you have a valid malpractice case.

posted by Patti at 3:29 PM

Monday, June 9, 2008

How Can a Medical Malpractice Lawyer Help Me?

Our malpractice attorneys will review the facts of your case, apply the law, and give you an evaluation of the strength of your case and your chances of success based on our experience. It is crucial that you know if you have a valid case, and what your case is worth. Our attorneys will be able to determine this.

Medical malpractice cases are complicated and need to be handled by a seasoned malpractice attorney in order for you to get the most compensation from a lawsuit. We know who and when to sue, what legal arguments will be the most effective and beneficial for your case, how to gather proper evidence for your case, the strength of your case, what papers to file with the court and when to file them, how to manage court fees, your chances for settlement, and how to bring your case to trial if necessary. We will also know how to handle the attorneys for whatever health care defendant you end up suing.

It is common that the doctor's medical malpractice insurer may offer some settlement money, but the sum will be far less than what they would offer knowing a lawyer is threatening a lawsuit. An experienced medical malpractice attorney knows the insurance defense lawyers and medical malpractice insurers in your area, and will have a far greater chance of increasing your recovery.

If you believe you may have a medical malpractice case and you live in New Jersey or the Philadelphia metropolitan area, contact attorneys Weiss & Paarz today to arrange a consultation.

posted by Patti at 3:14 PM

DISCLAIMER: The information and material contained in this New Jersey Medical Malpractice Lawyers' web site does not constitute legal advice and does not create an attorney-client relationship. The materials on this web site are provided for informational purposes only and are not guaranteed to be correct, complete, or up-to-date. Neither your sending of an e-mail nor the reading of such e-mail by any attorney at Weiss & Paarz P.C. creates an attorney-client relationship. Be sure to discuss your specific situation with an attorney.