Medical Malpractice FAQ
Medical Malpractice FAQ – South New Jersey Malpractice Claim Attorneys
Shivers, Gosnay & Greatrex, LLC has developed a reputation for compassionate representation and exceptional results in medical malpractice. From our years of experience, we have assembled the following answers to questions our clients frequently ask. The information on this Web site is not intended as a substitute for legal advice from a qualified attorney. Contact us for a case evaluation and answers to questions about your specific case.
What constitutes medical malpractice?
A negative outcome of surgery or even a doctor’s inability to discover what ails you is not necessarily malpractice. Medical malpractice occurs when a physician, nurse or hospital deviates from the accepted standard of practice for the profession, and that negligence causes injury or death that could and should have been prevented. A malpractice lawsuit may name a doctor or surgeon, nurses and other medical professionals, or the hospital or HMO.
See our Medical Malpractice information center for further explanation.
I’m not the type to sue. Do I have to file a lawsuit?
The physician’s insurance carrier will not voluntarily offer compensation unless the malpractice is indisputable. It may be necessary to litigate. You should not feel guilty about bringing a medical malpractice lawsuit. First of all, doctors and hospitals carry malpractice insurance for this reason. Second, if you or a loved one suffered serious or permanent injury, you will need the money to pay for ongoing care and replacement of lost earnings. A judge or jury will determine what is fair compensation for reduced quality of life and your pain and suffering.
Despite the statements that you hear on television and in ads from insurance companies, lawsuits are not to blame for increasing premiums – if you wish to receive more information about this campaign to deny victims of malpractice their due and fair compensation, we will be glad to provide you with studies and statements from insurance executives themselves who continue to reap huge profits from the business.
Do I need a lawyer to file a medical malpractice claim?
An individual is nearly powerless against a hospital or doctor and their insurance defense lawyers. You could bring a claim for damages, but medical providers are very reluctant to settle out of court – even if you do have legal representation. Many malpractice claims go to trial, where you will want a skilled trial attorney with experience in these complex cases.
How much will it cost to hire a malpractice lawyer?
Shivers, Gosnay & Greatrex, LLC takes cases on a contingency fee basis. This means that you do not pay any attorney fees up front. Medical malpractice cases require expensive expert testimony. Our firm assumes those expenses initially in most cases, and our fees and costs are paid from your jury award or negotiated settlement. We do not get paid unless we are successful in recovering compensation for you.
Is there a time limit to bring a medical malpractice claim?
Under New Jersey law, the statute of limitations is: (a) two years from the date of the event or malpractice that caused the injury; or (b) two years from the date when the plaintiff should have reasonably discovered the malpractice. For example, if a doctor initially failed to diagnose cancer, the statute of limitations starts from the date it was correctly diagnosed.
If you suspect malpractice, you should contact an attorney as soon as possible. Early intervention improves your legal counsel’s ability to obtain medical records, depose witnesses and secure the services of necessary medical experts.
Do you have more questions? Contact our Cherry Hill law firm to speak directly with one of our experienced medical malpractice attorneys about the specifics of your case. You can reach us at 856-616-8080 throughout New Jersey at 856-616-8080. We provide a consultation, including home or hospital visits.