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Medical Malpractice

We trust doctors and other medical professionals to provide us with the best care possible. If a doctor fails to provide you with care that meets professional standards, that doctor has committed medical negligence. If such negligence results in medical harm then you may have a valid medical malpractice case. At Indik & McNamara we have experienced attorneys who can evaluate you potential medical malpractice claim and handle all aspects of a medical malpractice lawsuit.

There are many types of medical malpractice claims. Some of the most common include, but are not limited to

  • Failure to diagnose, delayed, diagnosis, and/or misdiagnosis
  • Unnecessary surgery, or surgical errors
  • Unnecessary prescriptions or prescription errors
  • Emergency room errors
  • Improper treatment
  • Inadequate aftercare or follow-up

To prevail in a medical malpractice case you must be able to show that; 1) the medical professional who examined and/or treated you negligently, in that he or she failed to meet the appropriate standard of care in your diagnosis and treatment; 2) that such negligence was the cause of the harm that you suffered.

At Indik & McNamara we have experienced attorneys who can evaluate your potential medical malpractice claim and handle all aspects of a medical malpractice lawsuit. Not only do we have attorneys experienced in bringing medical malpractice claims, including a Certified Civil Trial Attorney and an attorney granted recognition as a “New Jersey Super Lawyer” in Professional Malpractice; but we also have an attorney who is also a medical doctor. Dr. Allen Jacobs, who is a board certified physician, as well as an attorney, is part of our medical malpractice team. Dr. Jacobs can assist in reviewing potential medical malpractice cases, particularly with respect to obstetrical, gynecological, and oncology issues. Dr. Jacobs’ medical training and experience is valuable in assessing whether the medical care and treatment at issue was negligent and whether that negligence likely resulted in the damages sustained. For example, if a doctor fails to make an early diagnosis of cancer, Dr. Jacobs can review the medical records and take a history from the client to determine whether the late diagnosis was a result of a negligent failure on the part of the doctor. The New Jersey Supreme Court has recognized that in cases of delayed failure to diagnose cancer, the passage of time with concomitant delay in treatment almost invariably results in a more serious prognosis. Verdicchio v. Ricca, 179 N.J. 1 (2004); Evers v. Bollinger, 95 N.J. 399 (1984); .

During a free initial consultation, an experienced attorney will discusses the issues involved in bringing a medical malpractice case in general and evaluate the issues in your case specifically. We will assist you in obtaining an expert to review your medical records to determine whether medical negligence was the cause of the harm you suffered.

Our firm conducts exhaustive investigations, and we retain the most qualified experts to bring a comprehensive level of expertise to the task.

If necessary, we also retain expert accountants, economists and financial analysts. Medical malpractice cases often involve loss issues including lost wages, including future wages, and the costs of future care. Our firm utilizes economic professionals in order to present evidence as to what such costs will be for the remainder of the victim’s live. A victim of medical malpractice should be compensated for all losses, including future losses, caused by the medical negligence, and our firm leaves no potential damage item unexplored. Learn about other services we provide our clients.

If you believe that you or someone you know has been the victim of medical malpractice, please contact our firm to discuss your case. There is no fee for the initial legal consultation and if we conclude that your case merits it, we will offer to take your case on a contingency basis. That means that if we don’t recover money for you, you don’t pay a legal fee.

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