The last thing New Jersey patients expect is for a doctor or hospital to act negligently, causing them damages. Unfortunately, medical malpractice is more common than many would believe. When it happens to you, you should hire an attorney so that you can recover damages in a lawsuit.
New Jersey medical malpractice victims should hire a lawyer immediately. Waiting too long can negatively impact your eventual lawsuit and make it difficult to recover damages. While misdiagnosis and medication errors are some of the most common reasons for medical malpractice claims, other forms of negligence can call for a lawsuit against a negligent doctor. Proving fault in such claims can be difficult, as four crucial elements must be present, so it is important to hire a lawyer to represent your interests and prove your need for damages.
Our skilled attorneys are dedicated to helping medical malpractice victims throughout New Jersey get justice. For a free case evaluation with the New Jersey medical malpractice lawyers at Legal Care, call today at (732) 838-9769.
Common Reasons for Medical Malpractice Claims in New Jersey
It may surprise New Jersey residents to learn that medical malpractice claims are not uncommon. In fact, negligence on behalf of hospitals and doctors happens relatively often throughout New Jersey. That said, victims should learn the most common reasons for medical malpractice claims, so they know if they have a case against a negligent New Jersey hospital or doctor.
Essentially, anything that constitutes a breach of a doctor’s duty of care can equate to negligence and be reason to bring a compensation claim in New Jersey. The following are some of the most common reasons for medical malpractice claims in New Jersey:
- Misdiagnosis
- Medication errors
- Surgical injuries
- Birth injuries
- Failure to treat
If you are a victim of one of the most common instances of medical malpractice, you may have a case against a negligent doctor or hospital. While the above examples are the most common, they are not the only possible instances of medical malpractice. If your experience is not reflected in the list above, that does not mean you cannot sue a negligent party. Reach out to an experienced New Jersey medical malpractice lawyer to learn whether or not a doctor’s action or inaction warrants litigation.
When to Hire a New Jersey Medical Malpractice Lawyer
When New Jersey residents visit hospitals and seek care from doctors, they expect a certain level of professionalism and experience. It is not too much to ask that a New Jersey doctor uphold their duty of care and treat your injuries or illnesses properly. If, after being treated by a New Jersey doctor, you realize they acted negligently, it is important to hire an attorney right away.
It can be difficult for New Jersey victims to recognize medical malpractice. Doctors and hospitals may assure you that nothing is wrong, that it is all in your head, and that they did everything right. It is understandable to believe these medical professionals, as they often speak with a level of expertise and knowledge unfamiliar to patients. If you feel something is wrong after your stay in a New Jersey hospital, call an attorney. A skilled New Jersey medical malpractice lawyer can listen to your experience and identify potential malpractice.
It is often important for New Jersey victims to reach out to an attorney right away. The longer victims wait to consult a medical malpractice lawyer, the more difficult it can be to hold a negligent hospital or doctor accountable. Do not hesitate to speak to an attorney to learn more about your options as a victim of medical malpractice in New Jersey.
Proving Fault in a New Jersey Medical Malpractice Lawsuit
Proving fault in a medical malpractice lawsuit in New Jersey can be difficult. Because these cases are so often complex, it is crucial that victims hire a skilled lawyer to represent them. A dedicated attorney can use their resources and experience to prove a negligent party’s fault so that you can recover the damages you deserve.
Proving fault in a medical malpractice lawsuit is often so challenging because several elements must be present. An attorney must prove the following four elements in a medical malpractice lawsuit for victims to be successful:
- The doctor or hospital owed a duty of care to the plaintiff
- The doctor or hospital breached the owed duty of care
- The breach of duty of care caused injuries to a patient
- The plaintiff suffered real damages as a result of the breach of duty of care
Duty
If medical records show that you were a patient at a specific hospital and treated by a specific doctor, that is enough to prove that a doctor-patient relationship existed. However, an attorney must go a step further in a lawsuit to illustrate the exact duty a negligent doctor owed a plaintiff.
For example, suppose you visit a hospital because you are experiencing signs of an impending stroke. In such cases, a doctor’s duty may be to recognize signs of stroke and follow up by running the necessary tests so to rule in or rule out a stroke and get the patient proper treatment as soon as possible. An experienced lawyer will call on medical experts to ascertain the specific duty a negligent doctor owed to you.
Breach
This can help prove the second element necessary in medical malpractice lawsuits, which relates to the breach of duty of care (i.e., what exactly the negligent doctor did wrong).
Causation
Proving the third element requires lawyers to connect your current injuries or worsened condition to a negligent doctor’s actions. Testimony from medical experts, as well as records showing your decline in health, can achieve this.
Damages
Finally, to show that you suffered real damages as a result of a doctor’s breach of duty of care, your attorney will illustrate how a negligent doctor has impacted your life. An experienced New Jersey medical malpractice lawyer will do this by compiling evidence, like your medical bills and lost wages. Your attorney will also aim to help you recover non-economic damages by illuminating the pain and suffering you have endured.
Call Our New Jersey Medical Malpractice Attorneys Today
If a negligent New Jersey hospital or doctor has caused you damages, 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.
