Do I have a malpractice case?

By way of definition malpractice is improper medical care and treatment by a health care provider doctor-physician, hospital, surgeon, nurse, dentist, or chiropractor, including:

  1.)   Delay in diagnosing a disease or illness

  2.)   Performing wrong or unnecessary operation

  3.)   Failing to order or in proper reading of test

  4.)   Failure to obtain proper informed consent

  5.)   Prescribing wrong or too much medicine

Note that the statute of limitations limits the time to sue, so please call us today.

Do I have a nursing home abuse case?
 

Residents have the right to protection against violation of rights, such as the right to appropriate medical care, a 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.

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 contingency, 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 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 may 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.

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.

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 through a mediation and arbitration, either mandatory or court ordered. Other personal injury cases may settle quickly. Lawyers and doctors working on your case assist with your claim.

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