Medical malpractice is any negligence or wrongdoing that occurs during a medical consultation or procedure. Understanding what medical malpractice is and what it involves can help you decide the right steps to take after being the victim of a medical error. Find out what your options may be following a case of medical malpractice.
What is Medical Malpractice?
When you visit a medical professional, you expect them to care for you properly and for them to do their due diligence to help treat your symptoms. When they don’t, they may be liable for medical malpractice. Most cases of medical malpractice include some type of error. If you’re the victim of medical malpractice, you may be able to file a case to pursue compensation for your incurred damages.
Common Types of Medical Malpractice
Medical malpractice covers a wide range of medical errors. Some common types of medical malpractice may include:
- Failure to diagnose
- Failure to treat
- Childbirth errors
- Surgical errors
- Failure to perform treatment in a timely manner
- Improper dosing
- Failing to follow up on a medical condition
- Prematurely discharging a patient
- Worsening a patient’s symptoms
- Failure to monitor a patient’s vitals
- Practicing outside of the physician’s scope of practice
These are all mistakes or errors that a medical professional could make. Medical malpractice covers errors from any healthcare provider, including physicians, physician assistants, nurses, surgeons, anesthesiologists, or medical assistants.
What to Expect in a Medical Malpractice Case
One of the first things you should do if you suspect you were the victim of medical malpractice is to talk with a lawyer. Collecting evidence in a medical malpractice case can be difficult, so you must be careful to pursue any evidence you may already have. You also want a lawyer who is familiar with New Jersey’s medical malpractice laws, so they can help you build a strong case.
Your Voorhees medical malpractice lawyer will work to prove four important elements in your case. First, they’ll attempt to demonstrate that the physician owed you a legal duty of care. This is usually a given as long as you were the physician’s patient. Then, they’ll work to prove that the medical professional breached that duty of care, which is usually a type of negligence.
Your lawyer will also prove that negligence was the direct cause of the accident. Your lawyer will also collect information that shows how the medical professional caused you damages, which are your costs. Damages may include things like medical bills or lost wages. It may also include pain and suffering, which is a common cost following a medical error.
Your lawyer will file a lawsuit with the New Jersey court of law. You can then expect discovery, which is a discussion between your legal team and the medical professional’s legal team. In some cases, this may lead to a settlement. A settlement allows you to collect damages without having to take the case to trial. Of course, comparing the settlement amount to your actual damages is important before making a decision.
If you decide to take your case to trial, you and your Cherry Hill medical malpractice lawyer will need to demonstrate proof of the error to the jury. This includes expert witnesses, which your lawyer may help you secure.
Contact a Haddonfield Medical Malpractice Attorney for a Consultation About Your Case in New Jersey
Were you or a loved one injured due to medical malpractice in New Jersey? Then you need to talk to an experienced medical malpractice lawyer as soon as possible for guidance on how to proceed. The Voorhees medical malpractice attorneys at The Law Offices of Andres & Berger P.C. are prepared to assist you with your legal claim. We represent victims of negligent surgeons, doctors, nurses, and pharmacists throughout New Jersey, including Haddonfield, Cherry Hill, Voorhees, and Medford. Call us today at 856-317-6558 or fill out our online contact form to schedule a consultation. Our main office is located at 264 Kings Hwy E, Haddonfield, NJ 08033.
The articles on this blog are for informative purposes only and are no substitute for legal advice or an attorney-client relationship. If you are seeking legal advice, please contact our law firm directly.