How to Start a Medical Malpractice Case

When we trust medical professionals with our health, we expect them to do their job correctly and provide us with the care and attention we need. Unfortunately, this is not always the case, and medical malpractice can occur. Medical malpractice occurs when a doctor, nurse, or other medical professional causes harm to a patient by failing to provide a reasonable standard of care. If you or a loved one has experienced medical malpractice in New Jersey, you may wonder how to start a medical malpractice case. In this blog post, we’ll guide you through the process so that you can seek justice and compensation for your injuries.

Gather Evidence

One of the first steps if you suspect medical malpractice is to gather evidence, which can include medical records, witness accounts, and even photographs. This evidence can be crucial in building a case and seeking justice. While it may be overwhelming and emotionally taxing to confront medical malpractice, taking the proper steps can help ensure accountability and potentially prevent future incidents.

Contact a Medical Malpractice Attorney

Medical malpractice can be a devastating experience for any patient, and it is essential for them to seek professional help. After an incident occurs, contact a medical malpractice attorney to pursue legal action. In the state of New Jersey, there are experienced and highly qualified attorneys that specialize in medical malpractice law. These professionals work tirelessly with their clients to ensure their rights are protected and justice is served. Whether it’s a misdiagnosis, surgical error, or any other form of medical negligence, a medical malpractice attorney in New Jersey can provide the guidance and support needed during such a difficult time. It is important for patients to understand that they are not alone, and they have the right to receive the compensation they deserve.

File a Notice of Intent

In New Jersey, before filing a medical malpractice lawsuit, you need to file a notice of intent. This legal document informs the alleged negligent party that a lawsuit is being considered, giving them the opportunity to provide an explanation or settlement offer. It’s important to note that a Notice of Intent is not the same as filing a lawsuit, but rather a necessary precursor. This step can be daunting, but it’s a crucial one in holding healthcare providers accountable for their actions. By taking action and filing a Notice of Intent, you are empowering yourself to fight for justice and prevent others from experiencing the same harm. This notice must be filed within 90 days of the incident.

File a Lawsuit

After filing the notice of intent, you have two years from the date of the medical malpractice incident to file a lawsuit in court. Your medical malpractice attorney will help you draft the complaint, which should detail the injuries you suffered and how the medical professional was negligent.

Go Through the Discovery Process

Once a lawsuit has been filed, both sides go through the discovery process. This is where each side gathers evidence and takes depositions of relevant witnesses. This process can take several months to a year, depending on the complexity of the case.

Get the Compensation You Deserve!

Medical malpractice cases can be emotionally and financially draining, but with the right help and guidance, you can seek justice and compensation for your injuries. Remember to gather evidence, contact an experienced medical malpractice attorney in New Jersey, file a notice of intent, file a lawsuit, and go through the discovery process. Don’t suffer in silence. Speak up and fight for your rights—the attorneys at Gelman Gelman Wiskow & McCarthy can help. Contact us today!