If you’ve recently undergone surgery, the outcome was very different than what you expected and you suspect that the surgeon made a mistake, these are 9 reasons why you should consider hiring a surgical mistake lawyer in NJ:
1. Life is what happens to you while you’re busy making other plans.
You went into surgery with certain expectations because your doctor advised you about the process, the intended result, what to expect after surgery, the prognosis for recovery and what rehabilitation would be necessary. Your doctor probably did not talk to you about what happens if something were to go wrong during surgery or the possibility that they might make a mistake.
2. Time is of the essence to a lawsuit.
Although the time frame for you to file a lawsuit for personal injury is generally two years in this state, a surgical mistake lawyer in NJ will want to have as much time as possible to prepare the case. Waiting too long to
Waiting too long to hire an attorney not only limits the amount of time the lawyer can assess information and determine how to handle the case, it restricts the time your lawyer can enter into settlement negotiations with the other side. The less opportunity there is for settlement, the more likely it is that the insurer will attempt to force the matter into the legal swamp of filings, discovery, hearings and, ultimately, trial.
3. A qualified attorney helps protect your rights and preserve your interests.
Hiring a surgical mistake lawyer in NJ sooner rather than later is prudent for several other reasons, as well. First, because your case requires as much favorable evidence as possible, having a lawyer involved early on will help to ensure that relevant evidence doesn’t go missing, that potential witnesses don’t disappear and that information is gathered from those individuals while their memories are still fresh.
In addition, medical malpractice can wreak havoc with your life. You may be unable to work but the mail carrier will continue to deliver your bills. Your rent/mortgage will continue to come due on a monthly basis. If you cannot work, however, it will be difficult to keep your financial house in order.
The longer you wait to do something about it, the harder your things will become. A surgical mistake lawyer in NJ will not only be able to take the steps necessary to move you towards recovery of damages, they will be able to assist you in planning what to do in the meantime.
4. Not every surgical mistake is actually medical malpractice.
No matter how cautious a surgeon is, no matter how diligently and carefully the operation was performed, there is no guarantee of a perfect outcome, or of any outcome, actually.
Medicine is not an exact science. No two operations are alike because no two patients are alike; a procedure that yielded excellent results for one person may fail completely for another. Even if a mistake was made, surgery that results in anything less than the desired outcome does not automatically mean that medical malpractice occurred, however.
To explain how this could be, you first need to understand that the following factors must be present in order to establish that there may have been medical malpractice:
- The proper standard of care was not provided. Put another way, this means that a mistake was made because your doctor did (or failed to do) what a qualified physician would have done (or not done) when presented with the same or similar circumstances. When this happens, negligence is said to have occurred (medical malpractice is what negligence in health care is called).
- The negligence causes additional harm to the patient – harm that the patients would not have suffered in the absence of the mistake. In other words, if the mistake did not contribute to actual or the outcome could reasonably have been expected from the surgery anyway, it may not rise to the level of medical malpractice.Note, however, that this is a determination for a court to make and depends on the facts specific to the case.
- The injury/harm must be consequential. Less-than-optimal results or minor scarring, for example, are usually not likely to be considered sufficiently damaging consequences. Chronic pain, significant loss of income, constant suffering or other demonstrable hardship, on the other hand, are examples of what a court may consider consequential harm.
5. Not every lawyer is well-suited to handle a medical malpractice case.
A surgical mistake lawyer in NJ differs from most general personal injury practitioners because they have the training and experience necessary to navigate the very difficult landscape of medical malpractice. The applicable laws are different and so are many of the procedural steps.
Anyone wishing to handle a case as a surgical mistake lawyer in NJ must be able to review and analyze difficult and technical concepts and language and present them in a manner that can be easily understood by individuals (judges, jury) with little or no medical training. Not many general practitioners have the skills to pull that off.
6. Doctors, hospitals and insurance companies have a great deal of money for lawyers and will use them against you.
Needless to say, a medical malpractice lawsuit can result in potentially very serious consequences for the health care professional(s) involved. Although a surgical mistake may not be a matter of life or death to the doctor, it is often a matter of livelihood. Expect the defense attorney(s) to use every legal tool available to delay, distract and ultimately defeat you.
7. Medical malpractice cases can be very complicated.
The ability of a surgical mistake lawyer in NJ to correctly identify the relevant issues, gather the information necessary for your side and anticipate the strategy of the defense lawyers (not to mention procedural obstacles) is critical to your case.
8. Medical evidence is often so complex it becomes overwhelming.
The stress of recovery, the financial strain caused by your inability to work and your reduced capacity to engage in your normal activities can all significantly impact your mental and emotional well-being (and those of your loved ones as well).
By having a surgical mistake lawyer in NJ on your side, you will have someone who can take care of your case while you focus on recovery and being there for your family.
9. A surgical mistake lawyer in NJ has the ability to give you an objective opinion about the strengths and weaknesses of your case and your odds of success.
The importance to you and your loved ones of knowing where you stand cannot be overstated. An honest and critical analysis will help prepare you for what’s to come and, perhaps just as importantly, prevent false hopes or unreasonable expectations.
You may find that almost everyone you talk to about your situation will have an opinion and probably some advice, too. As well-meaning as these people are, they often do more harm than good by telling you what they think you want to hear. A surgical mistake lawyer in NJ at Fontanella, Benevento, Galluccio & Smith will tell you what you need to hear.