Category Archives: Medical Malpractice

medical malpractice

Why and When Do I Need To Hire A Legal and Medical Malpractice Attorney In NJ?

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MalpracticeMedical Malpractice Attorney In NJs can occur, accidentally or intentionally, when you hire the services of a healthcare professional or even a lawyer. The former is termed as medical malpractice, while the latter is referred to as legal malpractice. In both cases, the victim can undergo immense mental, emotional, and physical trauma. If you feel or you have reasons to think that you have been the target of malpractice in NJ, you should get into action and look for a genuine malpractice attorney in NJ. In situations like these, the common thing that we all tend to do is panic. Instead of such reactions, you need to be sensible and take steps to ensure that the person or institution that has wronged you is taken to court.

 

A malpractice attorney will help you do so. Here are three reasons that explain when and why you need to hire a malpractice lawyer.

1. When to Hire a medical malpractice attorney in NJ?

These are the common grounds on which you should consult with an acclaimed malpractice lawyer, an expert in laws related to medical malpractices.

  • When you been advised wrong medicines.
  • When you have been kept in the dark of possible consequences or risks
  • When surgery has been carried out in the wrong manner, or there have been damages caused due to the surgery.
  • When anesthesia is given the wrong way.
  • When you catch an infection while visiting a doctor.
  • When your doctor has not been able to diagnose the disease correctly.

2. When to hire a legal malpractice attorney in NJ?

  • When you are not happy with your current counsel.
  • When your existing lawyer gives you bits of advice that you do not agree with.
  • When you doubt if your present lawyer is suggesting you the right course of action or not.

Three reasons to hire a legal or a medical malpractice attorney

  1. Especially in the case of medical negligence or malpractice, there is the insurance company that you will have to deal with. An experienced attorney will handle all the communication on your behalf and correspond with the insurer, advising you on what you should do and say and what you should not.
  2. Your lawyer will take care of all the legal paperwork that can be a big hassle for you. You need to understand that there would be an endless stream of documentation work required in both malpractice cases. And, it is not just limited to filing applications or reverting to queries. The work involves reviewing papers, preparing the right documents, and responding to medico-legal questions. It is good to let your lawyer handle it all because they are so well-versed with the language and the schedules.
  3. A malpractice attorney in NJ will prepare you by giving you an estimated value of the claim or the kind of settlement you would get from the court. There are no false expectations here. You get into the legalities fully aware of how things can turn up and what maximum to expect from the filing.
medical malpractice

Medical Malpractice Cases: Clearing the Air

Lawyer for Medical Malpractice Cases in Rutherford, New Jersey

medical malpractice casesMedical malpractice cases in the United States are a commonly misunderstood phenomena, which can lead to resentment between patients and doctors and additionally cause those who have been unjustly victimized by a medical malpractice incident from receiving the recourse they deserve. Here is a quick look on some of the top five misconceptions about medical malpractice that perpetuate today.

  1. The number of medical malpractice suits. While many people think that medical malpractice suits are growing, they are actually shrinking over the past several years. Far fewer individuals are filing suit for their injuries received while in medical care than could reasonably have a case to argue. Judges have noticed this, so if you do have a valid claim is it absolutely in your best interest to pursue the issue and see where it leads.
  2. The relationship between suits and healthcare costs. It is patently untrue that medical malpractice suits are driving up the cost of healthcare for everyday consumers like you and me. This widely spread misinformation was extrapolated from a small study more than 20 years ago, which was taken to apply for the entire country and has been disproven even in the small instance it claimed to speak for. The amount which healthcare professionals pay to defend themselves against malpractice suits comes to only 0.3% of healthcare spending; this is not what is driving up costs to exorbitantly.
  3. Suits are not scaring away doctors. Nothing could be more untrue, more doctors have been joining the ranks in recent years and growing in proportion to the number of citizens overall. Some states have taken to putting caps on medical malpractice suits, but in those without caps, there are more physicians per capita than those that do.
  4. Lawsuit payouts do not cause high malpractice premiums. Actually, there is no relationship between the two. The main groups that profit are insurance companies, which get their funding through investment and the difference between the premiums that they rake in and what they must pay out in successful claims. Premiums are raised during a recession to make sure that the insurance company isn’t losing any funds of their own in the process.
  5. Texas tort reforms are supposedly the golden standard, but should not be taken as such. States with damage caps and those without have virtually the same amount of premiums to pay, and Texas is often trumpeted as this great example of tort reform when this is far from true. In Texas, the Medicare costs rate is far higher than it is elsewhere in the country, and their very tight caps on damages may actually be keeping healthcare costs from shrinking as it was initially designed.

Medical malpractice is a nasty occurrence that can keep you or a loved one injured or sick as a result of a doctors’ mistake when you came in instead to be healed. If this happens, you need to know that you have rights to pursue compensation and recourse in the eyes of the law. Far fewer seek out these damages than are entitled to them, and you could be one. For more information about my services, contact me, Mark Yampaglia today at 844-847-0106 for a free consultation about medical malpractice cases in New Jersey.

Frequently lawyers or attorneys forget that they are employed by the client and work for the client. The legal team at Yampaglia Law understands that you are the boss. Your request for assistance, advice and updates are always responded to in a timely manner. If you cannot come to one of our offices or are unable to travel, we will come to you.

The main office of Yampaglia Law is in Rutherford, NJ. Our firm has additional offices throughout North Jersey and serves all of the state through our attorney network. Contact us for a meeting in our office or we will gladly meet you at your home or any other convenient location. We also gladly do consultations by phone.

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