Medical Malpractice FAQs

Confronting An Unexpected Error: Frequently Asked Questions About Medical Malpractice

When you seek out medical care, you are expecting to be placed in good hands. While the care that you receive is often sound, there can be instances where errors occur. When a surgery or treatment causes injury or harm due to negligence, that is considered medical malpractice, and it can be a costly, painful and lasting ordeal.

At our firm, Hobbie & DeCarlo, P.C., we assist individuals throughout Monmouth County as they hold negligent medical professionals accountable. The effects of medical malpractice can be life-changing, and if you have been the victim of such an event you may be owed considerable compensation.

What follows are some frequently asked questions about medical malpractice that our attorneys receive during initial consultations:

What Qualifies As Medical Malpractice?

Medical malpractice occurs when a health care professional’s negligence leads to the injury or death of a patient. This is not limited to simply doctors and surgeons — nurses, therapists and other licensed professionals can also be found liable. In some cases, legal action can also be taken against a hospital where the incident occurred.

Is A Jury More Likely To Side With The Doctor?

If you ask a doctor, they may insist that the court tilts in the plaintiff’s favor. A medical malpractice attorney, however, could easily suggest the inverse. One reason that plaintiffs feel that they lack a strong case is due to a gulf of knowledge — doctors know more about medicine, so patients often accept their word at face value. Going up against a licensed professional or hospital in court can also feel daunting, particularly without a strong advocate by your side.

An experienced lawyer, such as ours at Hobbie & DeCarlo, P.C., can help you determine the merits of your case. We can also work tirelessly on your behalf to seek just compensation.

When Is A Misdiagnosis Medical Malpractice?

A misdiagnosis can qualify as medical malpractice. You may have a successful claim if you can demonstrate that your doctor failed to recognize a serious medical condition, which then resulted in injury or other harm. To make a successful case, you will need to prove that a different physician with equal training could have made the correct diagnosis and that your doctor did not satisfy a certain “medical standard of care.”

How Large Of A Settlement Can I Expect To Receive?

Unlike several other states, New Jersey does not put a cap on medical malpractice damages. While the state does limit punitive personal damages at $350,000, there is no existing ceiling for compensatory damages. That being said, every case is different, and your settlement figure can depend on several variables. To gain a better understand of your case, it is helpful to consult with a seasoned medical malpractice lawyer.

Our Attorneys Can Help You Assess Your Claim

If you have questions beyond this Medical Malpractice FAQ, our lawyers are happy to answer them. To schedule your initial consultation, call 732-380-1515, or send us an email by visiting our contact page. We look forward to working with you.