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Home  >  Articles  >  3 Essential Elements of a Medical Malpractice Claim

3 Essential Elements of a Medical Malpractice Claim

Medical malpractice claims can help injured patients fight for financial compensation that may be necessary to prevent their financial ruin. A medical mistake affects more than just finances, though. As a family attempts to deal with the additional medical expenses and lost wages associated with medical malpractice, necessities such as housing and food may be difficult to pay for. However, successful medical malpractice claims can help families to obtain the resources that they need to cope.

If you have suffered because of the actions of a negligent physician, we may be able to help you. For more information regarding your legal rights and options, contact the New Jersey medical malpractice lawyers of Levinson Axelrod, P.A., by calling 800-346-5529.

Foundational Requirements

The specific details of a medical malpractice claim will vary from case to case, but the following are three foundational requirements for a medical malpractice claim to have a legal basis.

Injuries Must Have Been Caused by a Physician’s Negligence

A person who pursues financial compensation from a doctor needs to be able to provide a link between their injuries and the substandard care provided by that physician. If they cannot connect the two through evidence, their claim may not be accepted by the court.

Injuries Must Be Compensable

Many injuries that a person can sustain because of mistreatment may be easily recognized through apparent bodily harm. However, if a patient cannot provide a figure for suitable compensation for an injury, they may not be allowed to pursue a claim for those damages.

Injuries Must Have Occurred within the Statute of Limitations

The statute of limitations establishes a time limit for the pursuit of a civil action. For those injured by a physician, the statute of limitations requires that they file legal action within two years of the incident causing injury, with some exceptions. Failure to act in these cases may prevent one from seeking financial compensation or accountability through the civil justice system.

Contact Us

If you have sustained an injury because of a doctor’s negligent actions, we may be able to assist you in your attempt to recover compensation. To learn more about your rights as an injured patient, contact the New Jersey medical malpractice attorneys of Levinson Axelrod, P.A., at 800-346-5529 today.