If you plan on suing a negligent New Jersey hospital or doctor after they misdiagnosis you, you may not know what to expect. Generally, such defendants opt to settle a lawsuit out of court, so victims should prepare for what the settlement process looks like.
Settlements from New Jersey medical malpractice lawsuits for misdiagnosis can be substantial. Your attorney will calculate an appropriate settlement amount by evaluating the economic and emotional impact a negligent doctor’s misdiagnosis has had on your life. If a settlement is reached, you will receive your damages through a lump sum payment or through structured payments. Suppose both parties cannot agree on a settlement. In that case, your New Jersey lawyer can help you move forward with a trial so that you can recover sufficient damages against a negligent doctor or hospital.
Our attorneys are dedicated to helping medical malpractice victims throughout New Jersey get the justice they deserve. For a free case evaluation with the New Jersey personal injury lawyers at Legal Care, call today at (732) 838-9769.
How Are Medical Malpractice Settlements for Misdiagnosis Calculated in New Jersey?
A misdiagnosis from a New Jersey doctor can profoundly impact your life. When this happens, medical malpractice misdiagnosis victims can see their conditions worsen, causing financial and emotional strain. Suppose you sue a New Jersey hospital or doctor for damages after a misdiagnosis, and both parties agree to settle. In that case, your attorney will calculate the economic and non-economic damages you deserve from a negligent party.
To calculate economic damages for a medical malpractice settlement for misdiagnosis, your attorney will add up all expenses you’ve incurred as a result of a New Jersey hospital’s negligence. For example, any additional medical treatment you require because a doctor applied an incorrect diagnosis will likely be compensated for.
Providing the wrong diagnosis can cause victims’ conditions to worsen, making them unable to work. Suppose lost wages have impacted your life as a result of a New Jersey doctor’s negligence and will continue to do so as you get the proper treatment. In that case, your lawyer will ask for economic damages to compensate you for current and future lost wages.
Non-economic damages can be difficult to quantify, as they refer to the emotional impact a misdiagnosis can have on a victim’s life. That being said, your attorney will have the experience necessary to illustrate just how emotionally damaging receiving a misdiagnosis can be. If a doctor tells you nothing is wrong or invalidates the pain or concerns you have, you may struggle in the coming and months. Failure to get the immediate medical care you require for your condition can cause your health to worsen, which can harm your mental and physical health.
A skilled Lakewood personal injury lawyer will strive to recover sufficient non-economic damages on your behalf. Your attorney may ask you to keep a journal or speak with mental healthcare professionals to better demonstrate the pain and suffering you’ve endured due to a negligent New Jersey doctor’s actions.
How Soon After Reaching a Settlement in a New Jersey Misdiagnosis Claim Will You Recover Damages?
A victim will receive compensation once a plaintiff and defendant have agreed on a settlement amount in a New Jersey medical malpractice claim for misdiagnosis. That being said, depending on the determined payment structure, some victims will recover their damages sooner than others.
When a New Jersey hospital or doctor agrees to a lump sum settlement, they agree to pay the entire settlement amount at once. This can be ideal for victims who require immediate access to the entire amount they’ve been promised from a settlement for misdiagnosis in New Jersey. However, because settlement amounts in such lawsuits are generally high, a defendant may be unable to pay the whole amount at once. In such cases, a structured settlement may be more appropriate.
Structured settlements allow New Jersey doctors to pay the settlement amount owed to a victim over time. Your Jersey City personal injury lawyer will devise a payment schedule that allows you to receive an adequate amount at appropriate intervals. While structured settlements may seem less appealing to victims at first glance, such settlements can help victims manage damages more easily.
So, depending on the terms your attorney and a defendant’s counsel agreed upon, it may be some time before you receive the entirety of your settlement from a medical malpractice misdiagnosis lawsuit. That said, you will ultimately receive your entire settlement, regardless of the payment structure.
What Happens if You Can’t Reach a Settlement in Your New Jersey Medical Malpractice Misdiagnosis Lawsuit?
Unfortunately, settlement negotiations are not always successful. If you cannot seem to reach an appropriate settlement agreement for your medical malpractice misdiagnosis claim, your skilled attorney will help you proceed with a trial.
Although a New Jersey defendant may agree to settle out of court, that does not mean they’re eager to pay a victim what they’re due. In fact, negligent parties may expect victims to immediately accept the first settlement amount offered, so defendants can avoid paying the appropriate amount. Generally speaking, initial offers will be insufficient to compensate medical malpractice misdiagnosis victims for the damages they’ve incurred.
It’s important to have a skilled New Jersey medical malpractice lawyer by your side during negotiations for precisely that reason. Your attorney can identify low-ball settlement offers and zealously negotiate on your behalf. If negotiations prove futile, your lawyer will help you take your lawsuit to court.
If that happens, don’t worry. Medical malpractice victims generally recover greater damages when they go to trial. That said, trials can be draining for victims, especially those receiving treatment for previously misdiagnosed conditions. So, having an experienced lawyer in your corner is crucial to help you navigate the litigation process and help you recover sufficient damages against a negligent New Jersey doctor or hospital.
Call Our New Jersey Attorneys About Your Medical Malpractice Claim for Misdiagnosis Today
If you’ve recently received an incorrect diagnosis from a New Jersey doctor and it’s impacted your life, reach out to our attorneys. For a free case evaluation with the New Jersey medical malpractice lawyers at Legal Care, call today at (732) 838-9769.