Do I have a malpractice case?
A definition from
our lawyer-attorney
New Jersey-Florida is improper medical care and
treatment by health care provider doctor-physician, hospital, surgeon, nurse, dentist,
or chiropractor, as
pediatrician or
gynecologist including:
1.)
Delay in diagnosis of a disease or illness
2.)
Performing wrong or unnecessary
surgery
3.)
Failing to order or in proper reading of test
4.)
Failure to seek proper informed consent
5.)
Prescribing the
wrong drug or medication
See more
Florida-New Jersey medical malpractice topics at the left side of this page.
Statute of limitations limits the time to sue,
call us.
Do I have
a nursing home abuse case?
Residents have the right to protection against
a violation of rights, such as the right to
appropriate medical care, safe living environment, to be free from physical and
mental abuse,
unrestricted communication or visitation, freedom from
unnecessary restraints, good nutrition and privacy civil
rights.
NJ-FL hospital, nursing home lists.
How long
do I have to sue?
Generally 2 years to bring a malpractice or nursing home
lawsuit in NJ or FL. But there are exceptions as for
a minor, incompetent, government or its hospitals-employees, and in wrongful death. Pre-suit investigation is required and
cases must be
supported by an expert. A 90 day time to sue
extension is available in FL.
Who pays my attorney fees?
NJ-FL medical malpractice or nursing home lawsuits are generally on a contingency basis,
i.e. if you settle or win, you pay your lawyers. The maximum fee is
set by law. Doctors
pay at least their share of fault for injuries,
and their employers may be liable.
Sometimes a defendant pays your
attorney, as in nursing home cases.
Who pays the cost of my case?
Costs of a malpractice or nursing home lawsuit are paid
by the client either during the case or at time of
settlement or jury verdict. If you lose, you
could be required to pay the doctor or a hospital's
attorney's fees or costs. High case expenses
include hiring experts to
testify in New Jersey or Florida.
What risks would I have as a
client?
Client's may be
required to pay the doctor or hospital's attorney's fees
and costs if you lose or do not win your trial
within a certain margin their offer to settle. Likewise, the doctor or
hospital will pay your attorney's fee and costs if you
win your trial within a certain margin, as in
cancer or
birth injury cases.
What if malpractice causes
death?
If a New Jersey medical malpractice injury causes wrongful
death, pain and suffering damages are not available to
survivors, but financial loss is recoverable. In
Florida, only some survivors may recover for pain or
suffering damages in addition to financial losses as in
emergency room,
pregnancy, or
hospital infection cases.
How long will my lawsuit take?
A NJ-FL medical malpractice or nursing home lawsuit takes 3
to 5 years or longer, or may be settled in a
shorter time period, perhaps with mediation and
arbitration, either mandatory or court ordered.
Other personal injury cases may settle quickly. Lawyers
and doctors working on your case assist to progress your claim.
How much can I recover?
There are "economic damages” such as
medical bills or work and income loss. And there is “noneconomic damage”
pain and suffering, loss of enjoyment of life, damages to your spouse. NJ-FL may limit recovery against a hospital,
government entity, or for pain and suffering. Cases, as
heart attack lawsuits,
vary in value.
