If you are considering a medical malpractice lawsuit, there are three main questions you must ask to see if you might have a medical malpractice claim.
Did I suffer injury? You will likely only be able to file a medical malpractice claim if you suffered injury as a result of medical treatment you were given or denied. Injuries can be physical—such as infections, organ damage, or lost limbs—and mental—such as pain, trauma, and diminished quality of life.
Did my healthcare provider violate the standard of care? This is the typical way that medical negligence is defined. All medical procedures carry with them some level of risk, and many injuries occur that do not qualify for a medical malpractice claim. Medical malpractice claims are most successful when a health care provider violates the accepted standard of care in your case, increasing your risk and resulting in injury.
Do I have recoverable damages? A medical malpractice claim is intended to get monetary compensation for your injury. This means that you must have damages that can be expressed in monetary terms significant enough to justify a lawsuit. Damages commonly sought include:
- Medical bills
- Lost wages
- Diminished earning capacity
- Expenses associated with disability
- Pain and suffering
- Trauma
- Diminished quality of life
- Disfigurement
- Punitive damages
Note that in New Jersey, there is no cap on either economic or noneconomic compensatory damages. Only punitive damages are capped (at five times the amount of compensatory damages), so you do not necessarily need a significant economic loss to justify a medical malpractice claim.
The only way to know for sure if you have a medical malpractice claim is to talk to an experienced lawyer about your case. Please contact the Law Offices of Anthony Carbone, PC in New Jersey for a free case evaluation today.