Medical Malpractice Lawyer in New Jersey

Medical malpractice is complex and highly technical area of law that requires specialized knowledge and expertise. It’s the legal term used to describe when a medical professional, such as a doctor, nurse, or other healthcare provider, fails to provide a patient with the accepted standard of care. When this breach of care results in harm or injury to the patient, a medical malpractice case may be pursued. 

In order for a medical malpractice case to be successful, the plaintiff (the person filing the case) must prove the following elements: There was a provider/relationship between the medical professional and the patient, the professional acted negligently (failed to meet the accepted standard of care) and the patient suffered damages due to the negligence. 

Medical malpractice can take many forms, such as misdiagnosis, failure to diagnose, surgical errors, and birth injuries. In order to prove medical malpractice, the plaintiff must show that the medical professional was negligent. This means that the professional did not act in a way that a reasonable, prudent medical professional would have acted in the same situation. 

The plaintiff must also show that the medical negligence caused the patient’s injury or medical condition to worsen. In other words, the plaintiff must show that the injury would not have occurred if the medical professional had provided the accepted standard of care. 

In addition to proving negligence, the plaintiff must also prove that he or she suffered damages as a result of the medical malpractice. Damages can include both economic and non-economic losses. Economic losses are usually easier to quantify and may include medical expenses, lost wages, and disability benefits. Non-economic losses are more difficult to quantify and can include pain and suffering, loss of enjoyment of life, and emotional distress. 

Medical malpractice cases can be difficult to prove and require the assistance of an experienced medical malpractice attorney. An attorney can also help the plaintiff determine whether to pursue a settlement or a trial. Medical malpractice cases can be complicated and it is important to seek legal advice before filing a claim. An experienced medical malpractice lawyer can help the plaintiff understand the legal process and protect their rights.

Medical malpractice means the same thing as “medical negligence”. It means that a doctor or other healthcare provider has given care to you which is so bad that it is below the generally accepted minimum standard of care.

Most doctors and healthcare professionals are careful and responsible. But as in any field, there are those doctors and professionals whose work is sometimes below standard. When their substandard care injures people, our laws have been written to permit those injured people to seek compensation from the doctors who injured them.

Generally, in order to justify a medical negligence lawsuit, the patient must have been quite seriously harmed or injured. In other words, every minor, or little negative outcome of treatment does not justify a medical negligence lawsuit.

But if it is clear that the level of care has fallen below the minimum acceptable standard, and serious injuries or harm have happened because of that, there is a viable medical negligence claim.

The short answer is “No, not if they are carefully screened.”

That is, at the beginning of every potential medical negligence claim, it is very important to confirm that the doctor has made a clear and serious mistake, and that serious injury or harm resulted. This should always be done in consultation with an experienced medical malpractice lawyer, usually in consultation with an independent doctor in the same specialty. You cannot properly make this determination on your own.

The medical negligence cases which go to trial are generally those in which the doctor’s allegedly bad conduct is unclear, or the injuries claimed are not terribly serious, or both.