| The medical care givers win far more cases than | | | | of medicine is not the usual vocabulary of the patient. |
| they lose, sometime as much as 80-100% in any | | | | If there is a medical malpractice dispute, the defense |
| given month. Medical malpractice and provable medical | | | | wants it fought in the defendant medical care giver's |
| malpractice are very different. Unfortunately, | | | | language, with the defendant knowing what |
| "provability" is no small problem, given the many | | | | happened but not how to put it into words. Thus, |
| excuses and explanations available to the malpractice | | | | the injured person must have his medical malpractice |
| care provider. Beyond that is the hard fact, | | | | case argued, to a degree, in a strange land in a |
| provability is only one of the hurdles to overcome. A | | | | strange language. The "art" of it is for the plaintiff's |
| courtroom full of hurdles awaits the injured plaintiff | | | | attorney to translate what happened into terms and |
| that must be cleared before he or she can convince | | | | actions that are not so foreign, but rather descriptive |
| the jury that he or she deserves a positive verdict. | | | | of what happened, but should not have. |
| Medical malpractice New Jersey Lawsuits are quite | | | | For the first time American's for Insurance Reform |
| common because New Jersey is the most densely | | | | has produced a comprehensive study of medical |
| populated state in the in the nation, and the only | | | | malpractice insurance in New Jersey, examining |
| state that has had every one of its counties deemed | | | | specifically what insurers have taken in and what |
| "urban" as defined by the Census Bureau's Combined | | | | they've paid out over the last 30 years. The study |
| Statistical Area. Since many people living in New | | | | makes two major findings: 1. Over the last 16 years, |
| Jersey commute to New York City for medical | | | | the amount that medical malpractice New Jersey |
| services, malpractice cases are going to be fluent | | | | insurers have paid out including all jury awards and |
| between the two states. Therefore it is important | | | | settlements, has approximately tracked rates of |
| for your medical malpractice New Jersey lawyer to | | | | medical inflation or fallen. 2. Medical insurance |
| be sufficient in both medical malpractice New Jersey | | | | premiums charged by insurance companies over the |
| law and medical malpractice New York law. | | | | last 30 years in New Jersey have not corresponded |
| Winning a medical malpractice case requires | | | | to increases or decreases in payouts. Rather, |
| convincing the jury that plaintiff's definition or | | | | premiums have risen and fallen in concert with the |
| description of proper care is correct, as opposed to | | | | state of the economy. Insurance premiums (in |
| the explanations thrown at the jury by the defense. | | | | constant dollars) have increased or decreased in |
| If the plaintiff can clear that hurdle, then he or she | | | | direct relationship to the strength or weakness of |
| must prove that the medical malpractice caused the | | | | the economy, reflecting the gains or losses |
| bad outcome, and not the initial injury, disease or | | | | experienced by the insurance industry's market |
| "unavoidable" but predictable complication of the | | | | investments and their perception of how much they |
| treatment or injury. | | | | can earn on the investment "float" that doctors' |
| When a person needs medical attention and seeks | | | | premiums provide. |
| the assistance of a medical caregiver, the language | | | | |