What is Medical Malpractice and How Do I Bring a Claim?New Jersey Legal News
When you put your trust in the hands of a medical professional, you want to be met with the promise that your health will be treated with the utmost care and precision. Every year, thousands upon thousands of people will undergo various medical procedures, such as surgeries, preventative care, scans, and more, that can help diagnose them, treat them, and forever change their lives or the future of their health. Though nobody wants to think about the adverse turn that these cases can take, it is an unfortunate truth that many individuals must prepare for. You might find surgical errors, misdiagnosis, and many other issues at the center of these cases that change many people’s lives.
Some of the main reasons for medical malpractice include incorrect dosages and surgical errors. Every year, professionals, who are equipped to diagnose, fail to do so until it is too late for somebody to receive treatment. These cases stand at the center of some of the hundreds of thousands of lives that are taken every year. The truth is, out of all of the individuals who suffer in these cases, only two percent will move forward with a claim for compensation. You want to be heard if you are someone who has been injured at the hands of a professional or you have lost somebody close to you unexpectedly. Many of these injuries and deaths are completely preventable.
What is Medical Malpractice Considered To Be?
Medical malpractice, summed up, is when a patient is harmed by a doctor or nurse that is supposed to provide adequate care to another individual. To differentiate exactly what kinds of cases fall under medical malpractice, here are some characteristics that must be present if you want to file a claim:
Violation of Care: A patient expects their medical team to act in a certain manner. Medical professionals hold lives in their hands and take a vow to protect many individuals from harm. If a professional fails to abide by the standard duty of care, there is a big chance that you will be successful in your claim, if you are able to prove this. A reasonably prudent medical professional should always follow the standard of care as any other professionals would likely do under the same circumstances.
Injuries Resulting: If you have received an injury at the hands of a medical professional when you went in for a procedure, a standard of care was violated. If you, as the patient, are able to show that the actions of or negligence by the medical professional led to your injuries, you will likely receive the compensation you deserve. However, you must be able to prove this; if you are unable to show that the injury was caused by the actions or inactions of a medical professional, you might not be able to obtain this compensation.
Significant Damages: Many people wouldn’t bring a claim for damages if the damages were so low that the case would have been unnecessarily expensive when you could handle it yourself. However, if you have received significant injuries, there is a chance that you will be covered as you move forward. If you want to move forward with a viable claim, you must be able to show that the negligent party caused your significant damages through their actions. The aspects that many people show are a loss of income, injuries resulting in disability, unusual pain, and distress caused by the incident.
Most Common Types of Medical Malpractice
Every day, medical mistakes take place across the U.S. Though many steps are being taken to prevent these injuries, a handful of common types of medical malpractice cases tend to happen every year regardless of this fact. Here are some of the most common types of medical malpractice across the U.S.:
Misdiagnosis/Delayed Diagnosis: Receiving a missed diagnosis or the wrong diagnosis is one of the leading causes of these accidents every year. If you have a serious disease and you are struggling physically because of it, and you later find out about the disease after it is too late to receive necessary treatment, you might have a claim against a professional. If you, as a patient, missed treatment opportunities that you could have received if you had been diagnosed earlier, it can benefit you to speak with an attorney about the aspects of your case.
Childbirth Injuries: Childbirth injuries take place every day, with some of the worst being brain injuries. The neglect by a physician or obstetrician can take place at the time of the birth or throughout the entirety of the pregnancy, with a mother or child’s life being put at risk. Some of the most common types of oversights involving childbirth include failure to diagnose a medical condition in the mother or child, failure to identify birth defects, failing to anticipate birth problems, failure to respond to fetal distress during birth, and many other related aspects.
Medication Errors: In 2006 alone, medication errors caused harm to one-and-a-half million people. Though many would experience adverse side effects, others lost their lives in these horrific accidents. Sometimes, a doctor will prescribe the wrong medication or the wrong order will be filled. In other cases, a patient might be given too much or too little of a drug.
Errors in Surgery: When errors are made in the operating room, the damage can be life-threatening. Perhaps a surgeon operated on the wrong part of a patient’s body, left a surgical instrument inside the body, or punctured an internal organ. In any of these cases, a medical professional can be held liable.
Trusting in an Experienced Attorney
If you have been seriously injured or lost a loved one in a medical malpractice case and you are unsure of where to turn, our accident attorneys at Brady, Brady, & Reilly are here for you every step of the way. When you put your trust in the hands of a professional and they breach this trust in ways you never thought imaginable, you need to understand that you have many rights that you might not have been aware of in the past. Our New Jersey personal injury attorneys have handled many medical malpractice claims and are here for you. Contact us for more information at (201) 997-0030.