As a patient, you deserve a certain level of care and attention from the medical professionals treating you. Any action outside of a doctor’s duty of care can constitute medical malpractice in New Jersey.
In New Jersey, any action or inaction done by a doctor outside their duty of care to a patient may be considered medical malpractice. For example, failure to properly diagnose or treat a patient can constitute medical malpractice in New Jersey. Medical malpractice can be done by any medical professional that owes you a duty of care. To prove whether or not a medical professional’s actions constitute malpractice, your attorney must prove the following four elements: duty, breach, causation, and damages. If your lawyer can prove that a negligent doctor’s actions constituted medical malpractice, you can hold them accountable in a lawsuit for compensation.
Our attorneys are dedicated to helping New Jersey victims hold negligent medical professionals accountable. For a free case evaluation with the New Jersey personal injury attorneys at Legal Care, call today at (732) 838-9769.
What Actions Constitute Medical Malpractice in New Jersey?
When you seek care from a New Jersey doctor, you expect to be treated properly. Unfortunately, medical malpractice does occur and can have a serious impact on victims’ lives. To ultimately get the justice you deserve against a negligent doctor, it’s important to learn what actions constitute medical malpractice in New Jersey.
Essentially, any time a New Jersey doctor acts outside the scope of the duty of care they owe to you, the patient, that’s considered medical malpractice. Often, people think of negligent actions when considering medical malpractice. For example, making an error during surgery or prescribing the incorrect medication may be considered medical malpractice. Both examples involve doctors or medical professionals acting negligently and taking the wrong action that causes damage to a patient. However, that is not the only way medical malpractice occurs.
In New Jersey, inaction can also constitute medical malpractice. For example, suppose you visit your doctor and present with warning signs of an impending stroke. If your doctor fails to identify those signs and provide the necessary preventative care and you suffer a debilitating stroke, that doctor’s inaction can be considered medical malpractice. Failure to diagnose certain conditions or injuries can allow those conditions to worsen. So, action, as well as inaction, can constitute medical malpractice in New Jersey.
Medical malpractice can negatively impact a New Jersey victim’s life. Unfortunately, because victims may not understand how inconspicuous medical malpractice can be at times, they may have difficulty identifying negligence. If your medical conditions have worsened after being treated by a doctor, reach out to a Jersey City personal injury attorney. Your lawyer can review your medical records and a doctor’s actions to determine whether malpractice was present.
Who Can Be Held Responsible for Medical Malpractice in New Jersey?
When you think of medical malpractice, you may first only consider doctors. In reality, all medical professionals can act negligently in New Jersey, causing damages to patients.
Of course, medical doctors can act in ways that constitute medical malpractice in New Jersey. That said, victims may also be able to hold hospitals accountable for a negligent doctor’s actions.
Specialists, like physical therapists, can also act negligently towards patients, giving patients grounds to file a medical malpractice claim in New Jersey. Almost any medical professional, from emergency room nurses to primary care doctors, can be held responsible for medical malpractice in New Jersey.
If you think certain medical professionals acted in ways that would constitute medical malpractice but are unsure whether or not you can file a lawsuit, speak to an Elizabeth personal injury attorney. If you cannot bring a medical malpractice claim specifically, you may be able to file a personal injury claim for compensation.
Proving that Negligence Constitutes Medical Malpractice in New Jersey
In order to prove that a negligent doctor’s actions constitute medical malpractice in New Jersey, four elements must be present. The first element is that must be proven is that a New Jersey doctor owed you a duty of care. The second element is that a New Jersey doctor breached the owed duty of care. The third element that must be present is that a doctor’s breach of duty of care caused your injuries. And finally, the fourth element is that you suffered real damages from a negligent doctor’s actions. All four elements must be present to prove medical malpractice in New Jersey.
Duty
The first element that must be present to prove that a doctor’s actions constitute medical malpractice is demonstrating that they owed a victim a duty of care. To do this, a New Jersey medical malpractice attorney needs to prove that a medical professional owed you a certain standard of care and what that standard entails. Generally, the standard of care refers to the proper response medical professionals should have and what treatment they should provide based on your condition. As the standard of care varies on a case-by-case basis, your attorney can evaluate your case by speaking with other doctors and medical experts.
Breach
The second element your New Jersey attorney must prove in a medical malpractice case is that your doctor breached their duty of care. Simply put, if a doctor fails to uphold the standard of care while treating you, they are in breach of their owed duty of care. Generally, a Newark personal injury attorney will prove this by enlisting help from medical experts. Pinpointing a doctor’s negligence can be extremely difficult and often requires the resources and skill of an experienced lawyer.
Causation
The third element that must be present to prove a New Jersey doctor’s actions constitute medical malpractice is proof of injuries. Your attorney must prove that a New Jersey doctor’s negligence directly caused your injuries. To achieve this, your lawyer may enlist medical experts’ help and compile proof demonstrating your declining condition. Proving the link between a New Jersey doctor’s negligence and a victim’s injuries is crucial in proving that a doctor’s actions constitute medical malpractice.
Damages
The fourth and final element necessary in all New Jersey medical malpractice lawsuits is that a victim suffered real damages. Generally, this means that a victim requires additional medical treatment or compensation for lost wages due to a negligent medical professional’s actions.
Ask Our Lawyers About What Constitutes Medical Malpractice in New Jersey
If you’re unsure whether or not your doctor’s actions constitute medical malpractice, ask our lawyers. For a free case evaluation with the Paterson personal injury attorneys at Legal Care, call today at (732) 838-9769.
