What is Medical Malpractice?
You expect your medical provider to offer you experienced and compassionate medical care. So when a medical mistake occurs, you might not even realize initially that they are to blame. Unfortunately, medical malpractice can, and does occur. When a medical provider is negligent with their care, it is the patient that suffers.
The Most Common Types of Medical Malpractice Cases
Understanding the different types of medical malpractice can assist you in determining whether or not your case would fall into its category. These are a few of the most common types of medical malpractice cases:
When a medical provider gives you the wrong diagnosis, it prevents you from getting the treatment that you need. In fact, medical misdiagnosis is one of the most common types of medical malpractice.
A delayed diagnosis can also prevent a patient from getting the medical care they need. Depending on the type of medical concerns, it could lead to a worsening of the symptoms and the patient could undergo extensive pain and suffering. A delayed diagnosis that falls into medical malpractice needs to have been preventable.
A birth injury occurs when the mother or newborn is injured during labor and delivery. This could result from a few medical errors, which include:
- Failure to monitor the mother’s vitals
- Failure to monitor newborns vitals
- Failure to complete a c section when necessary
- Misuse of delivery tools
Birth injuries can lead to lifelong medical complications for the baby. It can leave the parent as a full-time caregiver while also having to cover the expensive medical and rehabilitative costs.
Surgical errors are any mistakes that occur during surgery. Whether the surgeon or their team failed to monitor the patient’s vitals or made an incision error, it could fall into the medical malpractice category.
Medical Product Liability
Some product liability cases can also fall into the medical malpractice category if the product was a medical product. There are medical tools or medications that patients rely on to reduce their symptoms. When these products fail or proper instructions are not given, it can leave the patient with difficult to manage symptoms or in pain.
Determining the Important Elements of Medical Malpractice
There is a lot that goes into building a medical malpractice case. Your medical malpractice lawyer will assist you in determining the following important elements:
- Duty of care: A duty of care must be established. However, this element is typically easy to identify since medical providers owe a legal duty of care to their patients
- Breach of duty: We must also gather evidence that determines that the medical professional breached that legal duty of care. This might be through negligence or through intentional harm
- Causation: We must also identify that the breach of duty was the direct cause and reason for the outcome. It is not enough to make a mistake, the medical provider’s mistake must have also led to an injury or accident
- Monetary Damages: The mistake must have also led to monetary damages that can be compensated in some way. This might include medical expenses, lost wages, rehabilitative costs, or pain and suffering
Choosing a medical malpractice lawyer that is familiar with New Jersey law as it relates to medical malpractice is important. This will ensure that you meet all of the requirements including statute of limitations and filing requirements for your case.
Contact A Medical Malpractice Attorney for a Consultation About Your Medical Malpractice 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 New Jersey medical malpractice attorneys at Brown Law are prepared to assist you with your legal claim. We represent victims of negligent surgeons, doctors, nurses, and pharmacists throughout New Jersey, including Egg Harbor, Atlantic City, Galloway Township, and Hamilton. Call us today at (609) 344-8270 or fill out our online contact form to schedule a consultation. Our main office is located at 3123 Atlantic Ave. #201, Atlantic City, NJ 08041.
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.