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The Most Important Parts of a Medical Malpractice Case

If you or a loved one has been a victim of medical malpractice, you may feel overwhelmed and unsure of where to turn. Medical malpractice cases can be complex and lengthy, and it can be difficult to navigate the legal system without help. In this blog post, we will cover the most important parts of a medical malpractice case to help you understand your options and make informed decisions. At Gelman Gelman Wiskow & McCarthy, we have years of experience advocating for victims of medical malpractice and are here to guide you through the process.

Medical Malpractice CaseUnderstanding Medical Malpractice

Medical malpractice is a growing concern in the United States and around the world. Patients trust medical professionals to act in their best interest, ensure their safety, and provide reliable treatment. When something goes wrong, the consequences can be devastating. A medical malpractice case is a legal action that seeks compensation for harm or injury caused by a healthcare provider’s negligence or wrongful actions. If you or a loved one has suffered from medical malpractice, it’s important to understand the most important parts of a case to ensure that you receive the compensation that you deserve.

Establishing Your Health Providers’ Duty of Care

One of the most important parts of a medical malpractice case is establishing that your healthcare provider had a duty of care to you. This means that they were responsible for providing you with a certain standard of care, and failing to do so could be considered negligence. To establish this duty, we will work with medical experts to analyze your case and determine the expected standard of care for your specific situation.

Standard of Care Violations

Once we have established the duty of care, we will examine the medical records to see if there were any violations of that standard of care. This could include errors in diagnosis, medication errors, surgical errors, or a failure to properly monitor a patient. If we find evidence of a violation, we will use it to build a strong case against the healthcare provider.

Statue of Limitations

It is important to act quickly in a medical malpractice case, as there are strict deadlines for filing a claim. In New Jersey, the statute of limitations is two years from the time of the injury or from the discovery of the injury. However, there are exceptions to this rule in cases involving minors or delayed discovery of the injury.


In order to be successful in a medical malpractice case, we must be able to prove that the healthcare provider’s negligence caused your injury. This can be a complex process, and we will work with medical experts to establish the link between the negligence and the injury.

Expert Testimony

Medical malpractice cases often require expert testimony to establish the standard of care, violations, and causation. We have relationships with some of the top medical experts in New Jersey and can provide expert testimony to support your case.


Building a strong case requires thorough investigation of the medical records, interviews with witnesses, and other forms of evidence gathering. We will work tirelessly to gather all relevant evidence and use it to build the strongest case possible.

Damages and Compensation

After establishing negligence, the next crucial part of a medical malpractice case is to quantify the damages and compensation that the plaintiff is entitled to. Damages refer to the harm or injury caused by the healthcare provider’s negligence, which can include physical injuries, emotional suffering, lost income, and medical expenses. The compensation sought in a medical malpractice case generally includes economic damages, such as past and future medical expenses and loss of income, and non-economic damages, such as pain and suffering and loss of enjoyment of life.

Experienced Legal Representation

It is crucial to work with an experienced medical malpractice attorney, as these cases can be complex and require specialized knowledge. Our team has years of experience and a track record of success in advocating for victims of medical malpractice.

Reach Out to a Professional Attorney in New Jersey Today

If you believe you or a loved one has been the victim of medical malpractice, it is important to act quickly and get the help you need. At Gelman Gelman Wiskow & McCarthy, we are committed to fighting for your rights and ensuring that justice is served. Contact us today at any of our five New Jersey locations to schedule a consultation and learn more about how we can help you.

  • In 2022, a year in which New Jersey courts were basically closed for trials, our firm still settled almost 100 cases for in excess of 8 million dollars.
  • Discuss the firm's 2022 settlements.
  • Results may vary depending on your particular facts and legal circumstances.
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