Providing Evidence for Medical MalpracticeNew Jersey Legal News
Medical malpractice happens when the negligence of a health care provider causes him or her to make critical errors resulting in injury or death to a patient.
However, just because a medical procedure’s outcome did not follow an expected course, it doesn’t necessarily mean that a physician can be held liable for medical malpractice. There have to be several specific elements present in order to establish that the physician is responsible for the injuries suffered by the patient, their worsened condition, or even their death.
There are several factors that have to be present in your claim in order to successfully hold a health care provider liable for negligence.
There Was a Doctor-Patient Relationship
First, you have to prove that there was a doctor-patient relationship between you and the physician at the time the medical error took place.
A doctor-patient relationship is established when a health care professional agrees to provide you with his or her professional services. This may happen when a physician diagnoses your condition during an initial examination or when a health care professional agrees to treat your medical condition.
Because a doctor-patient relationship can be established at many stages during medical treatment, there are many types of health care professionals who can be potentially held liable for medical malpractice, including:
- Oral surgeons
- Nurses’ aides
- Physician assistants
The Physician Acted Negligently
Health care professionals have a legal obligation to provide patients with reasonable care and treatment at all times. In most cases, a health care professional could be found negligent if he or she fails to provide the level of care a similar doctor with like training would have provided under the given circumstances.
This essentially means that you have to show that the actions of the health care provider directly caused you suffered an injury that would not have transpired under the care of a reasonably trained health care professional.
Some of the most prevalent instances of medical negligence happen when a health care professional:
- Fails to properly diagnose the patient’s condition.
- Diagnoses the patient with an incorrect medical condition.
- Prescribes or administers the patient with an incorrect dosage of medication.
- Fails to competently perform the patient’s medical procedure.
- Performs the wrong medical procedure on the wrong patient.
- Neglects to ask or review a patient’s medical history.
- Leaves medical supplies or surgical equipment inside the patient.
- Neglects to properly provide a warning to the patient of all possible risks associated with a treatment or medical procedure.
Providing evidence that a medical practitioner behaved negligently can be difficult. You will likely need the help of a skilled New Jersey medical malpractice lawyer who understands how to construct a strong case that shows the at-fault health care professional is liable for your injuries.
Your lawyer will consult with medical experts and other specialists to establish the accepted standards of medical care and show that the actions of your health care provider failed to meet those standards.
Your Injuries Were Caused by the Doctor or Medical Professional
Once you have proved that the health care professional acted negligently, you must also establish that his or her actions directly contributed to your sustained injuries. This can also prove difficult, as patients are often highly at risk of suffering adverse health effects due to their medical conditions.
It has to be established that the negligent actions of the medical provider are more than likely the cause of your injuries. This often will require you to show that your injuries could not have been caused by any other factors outside of medical error.
You Suffered Damages
To have a valid claim, it must be shown that you suffered damages resulting from your injuries caused by the negligence of the health care professional. If you are unable to prove you suffered damages resulting from your injuries, you will be unable to pursue compensation for medical malpractice.
Damages resulting from the negligence of a medical professional can include:
- Significant medical costs to treat your injuries.
- Lost wages from missing work resulting from your injury or treatment.
- Loss of income, in the event that you are no longer able to work because of your injuries.
Contact a Qualified New Jersey Malpractice Attorney
If you were injured due to a medical error committed by a health care professional, you may be able to pursue lost compensation for your medical expenses, lost income, and pain and suffering.
The team of medical malpractice attorneys in New Jersey at Brady, Brady, & Reilly, LLC will fight for the compensation you deserve. We will examine your case and inform of you the legal options available to you. We will gather the required evidence to prove your claim of medical malpractice and pursue the maximum amount of compensation you deserve to cover your injuries and other damages.
Medical Malpractice Injuries in New Jersey
We all go to hospitals when we aren’t feeling our best. We trust that their physicians and medical professionals will be able to help us recover. Sadly, the statistics show that this isn’t always the case.
According to the Institute of Medicine, an estimated 100,000 people are killed due to medical mistakes, with less than 10 percent of all instances of medical malpractice resulting in injury claims against the party responsible. Studies have even found that medical malpractice is now the third leading cause of death for American citizens. In these instances, injured parties should consult with a qualified New Jersey medical malpractice attorney to discuss the possibility of an injury claim.
The legal team at Brady, Brady, & Reilly, LLC is here to help those who have suffered at the hands of a trusted medical professional. Physicians are trusted with our health and wellbeing, and when they fault, they should be held accountable. Contact us today at (201) 997- 0030 to see how we can help.