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Questions, Answers

 

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.

 

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Law Offices of Yale I. Markus

New Jersey NJ Lawyers · Florida FL Attorneys

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