Legal Question in Medical Malpractice in New Jersey

Medical Neglect

Does a dr. have to permantely injure you in order to have a legal case? Why and how can a doctor just ''get away with'' mistreating and neglecting a patient? Would an attorney be willing to hear my situation, even though I did not sustain permanant physical injury? I apologize upfront if I sound harsh, but I am so frustrated and stressed. I have to pay this doctor money, and he doesn't even have to pay me an ounce of respect or an apology? I just don't get it. Thanks in advance......


Asked on 3/14/08, 5:45 pm

2 Answers from Attorneys

Arthur Newmark Arthur Newmark, M.D.. Esq

Re: Medical Neglect

Medical malpractice cases are complicated, risky and expensive.

Minimum $30,000 or up in out of pocket expenses - probably a lot more.

This expenses begin accumulating right at the beginning - when an attorney has to hire an expert to evaluate the case and sign on IF the doctor agrees there is a case).

An attorney taking a malpractice case weighs the costs, risks and possible payout.

A classic example is a temporary colostomy.

Most attorneys won�t take that case, though some may, if the negligence was blatant enough. Personally I wouldn�t.

Generally, if the damages are not severe enough, the attorney can�t do the case.

As a doctor/lawyer, I share your frustration, as I have turned down many cases where the care was inexcusable. It is an imperfect system.

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Answered on 3/14/08, 8:16 pm
Jason Kessler Law Offices of Jason B. Kessler, P.C.

Re: Medical Neglect

The answer is that med mal cases take a tremendous amount of time and money and are difficult to prove. However, if you are adament about suing this doctor and the doc was negligent an attorney will be willing to take the case if you are willing to finance it.

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Answered on 3/15/08, 12:41 am


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