Worse off After Seeing Your Doctor? Get in Touch with our Hoboken Medical Malpractice Lawyer. Call 201-699-5070 Today!
You pay ZERO fees unless we win. We have won millions of dollars in verdicts and settlements for serious & catastrophic malpractice victims.
Your physician, surgeon, nurse, physician’s aid, and other health care staff have a duty to provide quality health care to you. Health care practitioners are held to high standards. Sometimes, their breach of duty results in your being in worse shape following your medical procedure. When something goes wrong, health care providers are quick to point out “a normal response,” “expected outcome,” or that you had full disclosure of a “known risk.” But even if it was – or was not – normal, expected, or a known risk, what happens when you are still suffering, in pain, or have lost a loved one?
Medical malpractice claims in New Jersey and New York are highly complex types of personal injury claims. The health care provider or facility you are up against likely has a team of attorneys to protect their interests. So should you. At Glugeth & Pierguidi, P.C., our experienced Hoboken medical malpractice lawyers provide premier representation for medical malpractice claims. Contact us anytime during the day or night if you believe your health care provider acted negligently.
We Will Handle the Details and Work Hard to Get the Maximum Compensation for You
There are many reasons health care providers may fail to fulfill their standard of care and act negligently; fatigue, lack of proper training, substance abuse, distraction, hurrying, or illness are a few of them. When their actions result in negligent action or inaction, you may have a right to pursue a medical malpractice claim for your injuries. Our New Jersey attorneys at Glugeth & Pierguidi, are highly skilled and experienced in handling the full range of medical malpractice claims, including those involving:
- Surgical errors,
- Anesthesia mistakes,
- Failure to diagnose,
- Prescription errors,
- Birth injuries,
- Brain injuries,
- Failure to inform,
- Unhygienic conditions.
This list is not exhaustive. When you experience unforeseen infections or disfigurement or your loved one dies unexpectedly, speak to a Hoboken medical malpractice attorney right away. Your injuries may or may not rise to negligence and therefore an actionable malpractice claim, but an attorney can help you learn more about your rights. We have recovered hundreds of millions of dollars on behalf of our clients.
Evidence Needed to Prove a Malpractice Claim
Proving a medical malpractice claim requires significant evidence. To start, you must establish the four elements of negligence, which are as follows:
- Establish a doctor-patient relationship. You must show there’s a doctor-patient relationship. In other words, you can’t have a casual conversation in a social setting with a doctor and subsequently hold them liable for something they said in passing.
- The health care professional breached their duty of care. You must demonstrate the health care professional violated the standard of care. Would another doctor come to the same conclusion or act in the same manner if presented with a similar situation? If so, you won’t meet the threshold for a breach of standard of care.
- This breach is what led to your injuries. The health care professional’s breach is what caused your injuries. If you cannot show a link, you won’t meet the burden of proof for causation.
- You suffered tangible losses. Tangible losses include things such as medical expenses and lost wages. You must prove you suffered verifiable losses to recover compensation in a medical malpractice case.
Unfortunately, failure to prove even one of these elements means you do not have a valid medical malpractice claim. To successfully prove negligence, you need as much evidence as possible. Some of the strongest types of evidence include:
- Medical records from the facility or doctor in question,
- Witness statements and testimony,
- Testimony from industry experts who can corroborate negligence,
- Other medical professionals’ opinions, and
- Sworn statements or depositions.
When you hire a New Jersey medical malpractice lawyer at Glugeth & Pierguidi, we will help gather evidence and speak to individuals who have knowledge or witnessed something that can bolster your case.
Recoverable Damages in a Medical Malpractice Claim
The financial compensation you’re entitled to in a medical malpractice claim depends on the circumstances of your injury and how easily you can prove negligence. In general, recoverable damages fall into two main categories—economic and non-economic. Your economic damages include tangible losses, meaning ones that have corresponding financial proof. Examples include medical expenses and lost wages.
Your non-economic damages are subjective because there’s no associated financial loss. These damages include pain and suffering, emotional distress, loss of consortium, and loss of enjoyment of life. Because your non-economic damages can be significant in a medical malpractice claim, your attorney might need to hire industry experts to evaluate your losses accurately.
In limited circumstances, you might be eligible for a punitive damages award. However, these awards are reserved for the most egregious acts and cases involving malice or fraud.
It’s important to note that New Jersey has a cap on medical malpractice damages. Victims are limited to five times compensatory damages or $350,000, whichever is greater.
Contact a Hoboken Medical Malpractice Lawyer
Our caring and responsive attorneys have more than 20 years of successfully litigating medical malpractice cases in court. We move cases promptly through the court system because we know how important it is for our clients to get the compensation they deserve. To schedule your free consultation to learn how our attorneys may be able to assist you, please send us a message or call our office in New York at 212-256-9255 or in New Jersey at 201-699-5070. Glugeth & Pierguidi, is here for you 24/7.