Question

How do I select the best attorney for my medical malpractice lawsuit in New Jersey?

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Gary D. Ginsberg - Personal Injury - General - Super Lawyers

Answered by: Gary D. Ginsberg

Located in Cherry Hill, NJGinsberg & O'Connor, PC

Phone: 856-727-1991
Fax: 856-727-9616

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Answer

Filing a lawsuit with inexperienced or insufficient legal counsel makes producing a successful outcome more difficult. There are challenges in all lawsuits, but medical malpractice cases are more complex than most. The attorney you hire in a medical malpractice lawsuit matters.

To discourage frivolous medical malpractice lawsuits, many states (including New Jersey) have procedural barriers. That makes it much more important to hire the right attorney. Proving that a doctor, health care provider or medical facility did not provide adequate care or did not meet the expected standard of medical care can be difficult.

Hire An Experienced Malpractice Attorney

You should find a lawyer who specializes in medical malpractice and personal injury law. You do not want an attorney who juggles a large number of cases in a wide range of practice areas to represent you. You want to work with legal counsel that has a history succeeding in lawsuits against health care providers, both through trial verdicts and negotiated settlements.

You do not want an attorney whose first inclination is to settle outside of court. Find a proven litigator. Although it is true that a majority of medical malpractice lawsuits do not go to trial, a lawyer who has a reputation as someone who avoids trial will have a more difficult time reaching a fair resolution.

When interviewing an attorney, ask:

  • How much of your caseload involves medical malpractice lawsuits?
  • How many cases have you taken to trial?
  • Will I work directly with you or with other attorneys and assistants?
  • Will I be responsible for paying the costs necessary to develop my case no matter what the outcome is?

Visit each attorney’s website and look at their history in medical malpractice cases. Have they helped clients achieve significant settlements or judgements? What do their client’s say about them?

Building Your Case

Experience matters in these cases. An experienced medical malpractice attorney will know how to compile a case that has all of the evidence to support your claim.

Speaking of evidence, acquiring expert testimony from medical professionals is a key component of many medical malpractice lawsuits. You need experts who can speak professionally about the details of your case, yet it can be challenging to find qualified medical professionals who are willing to testify against someone in their field. An experienced attorney will have a list of highly qualified experts who are willing to support your case.

Your attorney must understand how to accurately determine all future medical costs and other expenses that are directly related to your injury.

Injuries resulting from medical care can change lives forever. If you have suffered an injury that was caused by a medical practitioner’s error or negligence, it is critical to call an experienced medical malpractice attorney.

Disclaimer: The answer is intended to be for informational purposes only. It should not be relied on as legal advice, nor construed as a form of attorney-client relationship.

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