The Basics | How a Lawyer Can Help Maximize Your Recovery
When you seek medical care for an injury or illness, you expect, at a minimum, that your condition won’t get worse because of the carelessness of a medical professional. Unfortunately, it happens way too often. What must you show to successfully recover compensation for the negligence of a doctor or nurse? How can an attorney help maximize your chances of a positive outcome?
Medical Malpractice—The Basics
Most personal injury claims are based on allegations of negligence or carelessness. Medical malpractice is a form of negligence.
To prove negligence in court, you must establish, by the weight of the evidence, that the defendant (the person from whom you seek compensation) failed to act as a reasonable person would, thereby causing an accident or event that resulted in your injury and other losses.
In most personal injury lawsuits, the standard of care applied is that of an average person of ordinary prudence, and the actions of the defendant will be evaluated on that basis. With medical malpractice, though, the standard of care is higher. To determine whether the actions of a medical professional were reasonable (i.e., not negligent), a jury will determine whether the medical professional met the following criteria:
- The care provided by the medical professional was within the level and type of care that a reasonably competent and skilled medical professional,
- With similar experience and training,
- Would have provided in the same medical community.
How Can an Experienced Lawyer Help Your Medical Malpractice Case?
A knowledgeable medical malpractice attorney will:
- Be familiar with the standard of care and know how to show that the medical professional failed to meet the standard
- Know how to work with expert witnesses to establish the standard of care and show how the medical professional breached the standard of care
- Be able to quickly and accurately assess the strength of your case, as well as the potential damages available
- Know when it’s in your best interests to try to settle your claim rather than take your case to trial
Contact the Law Office of Howard D. Popper
At the Law Offices of Howard D. Popper, we can help protect your rights. For a free initial consultation to discuss your options after you’ve been hurt because of medical negligence or malpractice in New Jersey, contact our office online or call 973-993-8787 to set up an appointment. We have offices in Morristown and Newton.
We handle all personal injury claims, including medical malpractice, on a contingent fee basis. You won’t pay any attorney fees unless we recover damages for your losses.