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What Are the Chances of Winning a Lawsuit Against a Hospital

Sophia Soraya

January 8, 2025

When suing a hospital, many factors will come into play in the determination of your case. In Paramus, New Jersey, we at Varcadipane & Pinnisi, P.C. are here to help you through these issues, using our experience and expertise to put you in the best position possible for a successful claim.

How Successful Can a Hospital Lawsuit Be?

The success of a hospital lawsuit depends mainly on the strength of the evidence, the type of malpractice alleged, and the expertise of your legal team. According to the American Medical Association’s Journal of Ethics, proving negligence often hinges on showing that the medical professionals or hospital failed to meet the standard of care required by law. Evidence that may be used to prove liability includes medical records, expert testimony, and detailed documentation of harm.

In New Jersey, specific laws affect your case, like the Affidavit of Merit by a medical expert. Successfully meeting these will go a long way in increasing your likelihood of receiving fair compensation. For instance, New Jersey’s laws require this affidavit to indicate the merit of the negligence claims, a step or measure to prevent frivolous lawsuits but also one that raises the stakes for quality legal representation.

How Can I Improve the Chances to Win the Lawsuit?

Preparation and a good selection of the attorney are crucial to increasing the chances of success. You can make the following improvements to enhance your case:

  • Document everything: Keep, in detail, a log of what happened with each medical personnel, timeline, treatment, and the results thereafter. These might form important evidence for claims.
  • Expert Testimony: Medical experts can pinpoint for the court where the standard of care was breached. Medical experts may have an important role in court or when discussing pre-trial settlements.
  • Follow New Jersey Laws: Make sure to follow all procedural requirements. This includes filing within the statute of limitations, in most cases, two years from the date of injury or discovery in New Jersey. Failure to file on time will automatically invalidate your claim.
  • Hire Attorneys with Experience: The experience of attorneys in handling lawsuits against hospitals in Paramus will make a great difference. They know the nuances of the local courts and medical malpractice laws, which gives them an edge in negotiations and litigation.

For example, research from the American Association for Physician Leadership states that decisions about malpractice are often based on the quality and sometimes the quantity of the expert testimony.

What Type of Medical Malpractice Cases Can I Sue for?

These are some of the various kinds of medical malpractice cases that may be the basis of a lawsuit against a hospital, including but not limited to:

  • Surgical Errors: Mistakes during surgery, such as operating on the wrong site or leaving instruments inside the patient. These errors often result in severe complications and are clear indicators of negligence.
  • Misdiagnosis or Delayed Diagnosis: Failure to correctly diagnose a condition, leading to worsened outcomes. For example, a delayed cancer diagnosis can reduce treatment options and survival chances.
  • Medication Errors: Involve administering the wrong medication or dosage to a patient. This can occur due to miscommunication among medical staff or system failures.
  • Birth Trauma: Any negligence that a child has incurred during delivery. Common incidents would be negligent and overdue performance of C-sections, or botched use of delivery forceps.
  • Failure to treat: a failure to administer the appropriate treatment after an examination was based upon symptoms and prior medical history; this might involve being sent home early without the need for certain aftercare diagnostic tests ordered.

New Jersey Code holds healthcare providers liable under a number of incidences such as these.

Should I Settle the Malpractice Case or Go to Court?

Whether to settle or proceed to trial depends on your case’s specifics and priorities. Settlements usually are faster and less stressful compared to trials, thus making you receive compensation without lengthy litigation. However, trials may be necessary when a fair settlement cannot be reached or when the hospital denies liability.

Statistics have shown that the majority of malpractice cases are settled. Many settlements, according to the Journal of Ethics, offer a realistic solution and avoid the uncertainty of a jury verdict. Settlements also eliminate the expense of prolonged litigation and can be less public than a trial.

Trials could assure one with higher award compensation, provided the case’s evidence strongly supports them. This is a delicate area where one needs to understand the possible risks against benefits with their attorney, and he can give an efficient and practical view of all the probable outcomes, facilitating an informed decision accordingly.

Contact An Experienced Malpractice Attorney Today

If you have a case against a hospital in Paramus, New Jersey, Varcadipane & Pinnisi, P.C. can help. Our experienced lawyers will skillfully guide you through the process and ensure that you receive the compensation you deserve. Contact us today to schedule your consultation, and let us take the first step towards justice.

Sophia Soraya

Sophia Soraya is a seasoned attorney specializing in complex civil matters, with a focus on personal injury, professional malpractice, and product liability cases across New York and New Jersey. Sophia is a Partner with the Firm and has been selected as a Super Lawyers, Rising Star for consecutive years.

University: J.D. New England Law (Boston)

Bar Number: 000402013

Locations: New Jersey and New York.

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This page has been written, edited, and reviewed by a team of legal writers following our comprehensive editorial guidelines. This page was approved by Founding Partners, Jeffrey W. Varcadipane & Dawn M. Pinnisi, with more than 40 years of combined legal experience as personal injury attorneys.

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