When you visit a doctor or hospital, you trust that the medical professionals caring for you will provide the best possible treatment. However, sometimes trust is betrayed, and patients suffer harm due to errors in diagnosis, treatment, or care. If you’ve experienced a medical complication that feels like more than just an unfortunate outcome, you may be wondering: Was this medical malpractice?
If you suspect your injury is the result of medical malpractice, it is important to talk to an experienced personal injury lawyer as soon as possible. A medical malpractice attorney at The Rothenberg Law Firm LLP will discuss your case to determine if you are able to pursue a claim for compensation if you or a loved one has suffered harm due to medical negligence.
What is Medical Malpractice?
From a legal standpoint, medical malpractice occurs when a healthcare provider fails to meet the standard of care expected within the medical community, resulting in harm to the patient. Standards of care refer to what a reasonably competent healthcare provider would have done under similar circumstances.
When a medical professional’s actions—or lack of appropriate actions—fall short of these standards and lead to injury, the patient may have grounds for a medical malpractice claim. Common examples of medical malpractice include:
- Misdiagnosis or delayed diagnosis, which may prevent patients from receiving timely, life-saving treatment.
- Surgical errors, such as performing surgery on the wrong site or leaving instruments inside the body.
- Prescription errors, including incorrect dosage or medication that interacts dangerously with other prescriptions.
- Failure to inform the patient of known risks, leaving them unable to make an informed decision about their care.
Types of Injuries That May Qualify as Medical Malpractice
Medical malpractice cases are complex because they involve various types of injuries that can arise from a healthcare provider’s negligence. These injuries often result from:
- Direct actions (e.g., surgical errors or anesthesia mistakes)
- Lack of action (e.g., delayed treatment, failure to diagnose a condition correctly)
Medical negligence injuries can vary significantly in severity. Some patients may experience temporary discomfort, while others suffer lifelong complications or even death due to a healthcare provider’s negligence. Examples of injuries caused by medical malpractice include:
- Brain injuries from lack of oxygen during surgery or childbirth.
- Permanent organ damage due to misdiagnosis or improper treatment.
- Physical disabilities caused by surgical or medication errors.
- Wrongful death, a tragic outcome where a patient’s life is lost due to preventable mistakes.
Who Can Be Held Liable for Medical Malpractice?
Several parties may be held liable in a medical malpractice case, depending on the circumstances. These can include:
- Doctors and Surgeons: Medical professionals directly responsible for diagnosing and treating patients.
- Hospitals and Clinics: Medical facilities may bear responsibility if staff members are negligent or if the hospital’s policies lead to errors.
- Pharmacists: In cases of medication errors, a pharmacist could be held accountable for dispensing the wrong drug or dosage.
- Nurses and Other Medical Staff: Malpractice can also involve healthcare professionals who interact with the patient daily, such as nurses, technicians, and assistants.
When a medical professional fails to provide an adequate standard of care, the law holds them accountable for the harm caused to patients, allowing injured individuals or their families to pursue compensation.
The Emotional Impact of Medical Malpractice
Medical malpractice injuries often go beyond physical pain; they also bring significant emotional devastation. People visit healthcare professionals to feel better or receive essential care, and discovering that a trusted doctor or hospital has contributed to further injury or loss can be incredibly distressing. This emotional strain can be particularly overwhelming if the malpractice results in permanent disability or loss of a loved one.
At The Rothenberg Law Firm LLP, we understand the heavy burden medical malpractice places on patients and their families. We work to ease that burden by guiding clients through their legal options and striving to secure compensation that reflects the full impact of their suffering.
Types of Compensation Available in Medical Malpractice Claims
When medical malpractice causes an injury, the affected person may be entitled to compensation for the many challenges that arise from that injury. Compensation may cover:
- Medical Expenses: All past and future healthcare costs related to the injury, including hospital bills, surgeries, and rehabilitation.
- Lost Wages and Loss of Earning Capacity: If a patient is unable to work or forced to accept a lower-paying job due to the injury, they can seek compensation for lost income.
- Pain and Suffering: One of the most significant forms of compensation, pain and suffering damages address both the physical and emotional anguish caused by the injury.
- Loss of Enjoyment of Life: For patients whose injuries severely limit their ability to participate in activities they once enjoyed, this compensation acknowledges the life changes resulting from malpractice.
- Wrongful Death Damages: When medical malpractice leads to a patient’s death, their family may be eligible for wrongful death compensation, covering the loss of companionship, support, and financial stability the deceased would have provided.
In each of these areas, The Rothenberg Law Firm LLP pursues the maximum compensation to which clients are entitled. With over 50 years of service and billions recovered for clients, we understand how to present these claims effectively and compassionately.
The Legal Process for Medical Malpractice Claims: What to Expect When Pursuing Justice
When you suspect medical malpractice caused your injury or a loved one’s death, the thought of taking legal action can feel overwhelming. The Rothenberg Law Firm LLP understands the emotional weight of these cases and is here to guide you through the process step-by-step.
Here’s a breakdown of each stage in a medical malpractice claim, helping you know what to expect, how long it might take, and how our firm stands beside you every step of the way.
Initial Consultation: Evaluating Your Case
The first step is a thorough initial consultation with an experienced medical malpractice attorney. During this meeting, you’ll share the details of your case, including:
- Your medical history related to the malpractice incident
- Any relevant medical records or documentation
- Information on the healthcare provider or facility involved
Our team will evaluate whether your case meets the basic criteria for medical malpractice: a breach of the standard of care, a direct link between the breach and your injury, and actual damages (such as medical bills, lost income, or pain and suffering). This initial assessment helps determine if you have a viable claim and what specific steps may be necessary to move forward.
Case Investigation: Gathering Evidence
If your case meets the initial criteria and you decide to hire our law firm, we will proceed with a detailed investigation to gather evidence. This stage often includes:
- Collecting Medical Records: Comprehensive records from all relevant medical providers are gathered to document the timeline and nature of care received.
- Consulting Medical Experts: We consult trusted medical professionals who review the details and determine whether the standard of care was breached. These experts help clarify whether your healthcare provider’s actions deviated from accepted medical practices.
- Building Your Case File: Our legal team compiles witness statements, hospital protocols, and expert reports to form a complete picture of your claim.
The investigation phase is crucial for building a strong case. However, this step can take several months to over a year due to the complexity of medical evidence and the time required to obtain and review comprehensive records. This effort ensures we have all the necessary documentation to move forward confidently.
Filing a Medical Malpractice Lawsuit: Beginning the Formal Process
Once the investigation is complete, the next step is filing a formal complaint. This document, submitted to the appropriate court, outlines your allegations against the medical provider, including:
- The specific ways in which they breached the standard of care
- How this breach directly caused your injuries
- The damages you’re seeking as compensation
After filing the lawsuit, the healthcare provider or hospital is served with the complaint and given time to respond. This stage marks the beginning of the formal legal process, which may lead to pre-trial negotiations or, if necessary, court proceedings.
Discovery: Exchanging Information and Evidence
The discovery phase involves both sides exchanging information and evidence. During discovery, each party may request documents, take depositions (sworn, out-of-court testimony), and gather any additional evidence. This step includes:
- Depositions: Our attorneys may depose the medical professionals involved to question them about their decisions and actions.
- Requests for Documentation: Each side can request medical records, internal hospital documents, and any other relevant information.
- Expert Witness Testimonies: Both sides bring in medical experts to support their claims, with the goal of demonstrating whether the standard of care was breached.
Discovery is an in-depth process that can last several months, depending on the complexity of the case and the volume of records and testimonies required. Although time-consuming, discovery is vital for preparing a robust argument.
Settlement Negotiations: Exploring Options for Resolution
Many medical malpractice cases reach a settlement before going to trial. Once all evidence has been reviewed, both sides may engage in settlement discussions. The goal is to reach an agreement on fair compensation that addresses the full impact of your injuries. Settlement negotiations can occur throughout the case but are often more intense after discovery when each side clearly understands the evidence.
Settling may benefit both parties by avoiding the time and expense of a trial. However, The Rothenberg Law Firm LLP only accepts settlements that reflect the true extent of your losses. If the other side’s offer isn’t satisfactory, we’ll advise you to continue toward trial.
Trial: Presenting Your Case in Court
If settlement discussions do not lead to a satisfactory outcome, your case will proceed to trial. This phase includes:
- Opening Statements and Presentation of Evidence: Both sides present their arguments and introduce evidence, calling witnesses and expert testimonies.
- Cross-examinations: Attorneys cross-examine witnesses to clarify or challenge their statements.
- Closing Arguments and Jury Deliberation: After both sides present their case, the jury (or judge, in some cases) deliberates and reaches a verdict.
Trials can last from a few days to several weeks, depending on the complexity of the case. Although reaching this stage requires significant preparation, a favorable verdict can provide justice and compensation for your suffering. At Rothenberg Law Firm, our attorneys are seasoned litigators ready to advocate for you in court if necessary.
Why Choose The Rothenberg Law Firm LLP for Your Medical Malpractice Case?
For over five decades, The Rothenberg Law Firm LLP has represented individuals harmed by medical negligence and has recovered billions in compensation for clients. With offices in New York City, Brooklyn, Philadelphia, Cherry Hill, Lakewood, Monsey, and Hackensack, we have extensive experience handling medical malpractice cases across New York, New Jersey, and Pennsylvania.
If you or a loved one has suffered an injury due to medical malpractice, you don’t have to face it alone. At The Rothenberg Law Firm LLP, we approach every case with empathy and determination, working tirelessly to help victims of medical negligence regain control of their lives and obtain the justice they deserve. Our compassionate team is ready to listen, guide, and advocate for you every step of the way.
Contact Us Today
If you suspect that you or a loved one has been harmed due to medical malpractice, contact The Rothenberg Law Firm LLP for a free, confidential consultation. Our dedicated legal team is here to listen to your story, answer your questions, and help you explore your options for pursuing justice and compensation.
Contact us today for a free consultation and take the first step toward rebuilding your life. We work on a contingency fee basis, meaning you won’t pay any legal fees unless we successfully secure compensation for you. This allows you to pursue justice without financial risk.
Call us at 800-624-8888 or contact us online to get started.
