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The Five Elements Required To Prove Malpractice

Find Out If Your Medical Malpractice Case Meets The Criteria

It’s not enough that the doctor made an error. It’s not enough that you had a bad outcome. There are many barriers to a successful lawsuit for malpractice.

Ginsberg & O'Connor, P.C., has secured jury verdicts and notable settlements in medical malpractice cases across New Jersey. Our trial lawyers offer a free legal consultation. If we gauge that your claim is viable, we will put all our resources and decades of experience behind you.

What Constitutes A Viable Malpractice Case?

Lawsuits that result in a finding of medical malpractice — and appropriate compensation — usually have these five elements in common:

  1. Lasting injury or premature death The patient suffered significant injury or irreversible harm such as nerve damage, brain injury, disfigurement or a lost opportunity to treat a curable cancer. Minor injury or psychological trauma is not grounds to sue, even if the error by a doctor or nurse was egregious.
  2. Medical causation It must be shown that the injury stemmed from the action: a slip of the scalpel, excess anesthesia or a misread CT scan. This is not as straightforward as it sounds. The defense will challenge the causal connection and suggest alternative explanations.
  3. Medical negligence Not every bad outcome is malpractice. It must be demonstrated that the medical professionals botched their job or deviated from the accepted standard of care, as opposed to an “act of God” or inherent risk of surgery. For example, failing to order additional tests, removing the wrong body part or leaving a patient unattended might constitute medical malpractice.
  4. Physician affidavit You cannot file a medical malpractice lawsuit without a supporting statement from a licensed professional in the same field of medicine. Many doctors are reluctant to testify against their peers.
  5. Damages You can’t sue for “indignation” or “justice.” We must present a detailed case for measurable harm from the negligence such as medical expenses and future medical care, lost wages and projected earnings, disability, disfigurement, and pain and suffering.

It Costs You Nothing To Pursue Your Claim

You may have a better case than you realize. You may have a borderline case that other attorneys would refuse. Call Ginsberg & O'Connor, P.C., to find out where you stand.

We provide a free consultation and case evaluation. If we take your case, we front all the costs of investigation and litigation. You owe nothing unless we secure a settlement or judgment. Call our Mount Laurel law office at 856-437-0969 or 856-437-0969 (toll free) to schedule a meeting with one of our experienced medical malpractice lawyers.