What Constitutes Medical Malpractice? Do I Have A Case?

Even good doctors and nurses make mistakes. But not every mistake or bad outcome is grounds for malpractice. There are three main elements of a viable lawsuit for medical malpractice:

  • Evidence of negligence — It is necessary to demonstrate that the medical professionals deviated from accepted practices in their actions or decisions, and that their medical peers would not have made the same error.
  • Lasting harm — The patient must have suffered a serious injury, disability or disfigurement. No harm, no foul. Our founding attorney is uniquely qualified to address the degree of harm and medical causation.
  • Physician affidavit — To file suit in New Jersey, another doctor in the same field of medicine must attest that the incident constitutes malpractice. If the case goes to trial, both sides will commonly hire competing medical experts.

The Legal And Medical Credentials To Evaluate Your Case

The real skill in evaluating medical malpractice claims is the ability to understand — and explain — technical medical concepts. Attorney Lee Goldsmith (M.D.) is a licensed physician of more than 40 years. He can gauge better than most lawyers whether a malpractice case is worth pursuing and what kind of evidence will be necessary to prevail. He can personally assess your case to decide whether you have grounds to sue the doctors who caused your injuries, the injuries to a loved one or your loved one's death. Lee and his son Jordan Goldsmith are both lawyers with the skills and confidence to present cases to a jury.

What Is My Malpractice Case Worth?

Whether the compensation is $50,000 or $5 million, those damages are based on tangible losses and harm. For example, you might be entitled to compensation for:

  • The costs of medical intervention to correct the mistake
  • Ongoing medical care (surgery, rehab, nursing, medications, medical equipment)
  • Lost wages and projected loss of income or earning capacity
  • Disfigurement
  • Permanent disability or loss of use
  • Diminished quality of life or shortened life expectancy
  • Pain and suffering
  • Wrongful death damages for the lost contributions

We work closely with clients and their family members to portray how the medical negligence has changed their life and caused specific hardships. We also work with surgeons and other medical specialists, physical therapists, actuaries and economists, life care planners and other professionals to translate those harms into a demand for damages.

If the medical providers and their insurance companies are not willing to settle the case for a reasonable amount that covers your needs, we are prepared to go to trial.

Get A Free Case Evaluation

We don't take every case, but we have a very high success rate of favorable verdicts and settlements in those cases we do pursue. There is no cost to you for the initial consultation or to have our legal team review your records. We do not receive attorney fees unless we recover compensation on your behalf.

Find out if the legal team at Goldsmith & Goldsmith, LLP, can be of service. Based in Bergen County and midtown Manhattan, we handle cases in Northern New Jersey and statewide, as well as New York City. Call 201-429-7892 or contact us online.

Do I Have A Malpractice Case?