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Do I Have a Case for Medical Malpractice?

March 08, 2021

Do I Have a Case for Medical Malpractice?

When you entrust your health and medical care to a doctor, you never expect them to make a mistake that causes you pain. A medical mistake can not only lead to a worsening of your condition, but it can also cost you a lot of money. However, unless you are well-versed with medical phrases, it can be difficult to determine if you have a case. Continue reading to find out if you have a case for medical malpractice and how an experienced attorney can help you get started on your claim.

What is Medical Malpractice?

It can first, be helpful to understand what medical negligence is, and what it includes. Medical malpractice is when a medical provider is negligent and causes an injury to a patient. This could be due to:

  • Failure to diagnosis
  • Delayed diagnosis
  • Misreading or misinterpreting results
  • Surgical errors
  • Birth errors
  • Failing to monitor vitals
  • Discharging a patient too soon
  • Failure to order the right testing
  • Medical mistakes

These are just a few of the mistakes that can occur in the medical industry. However, any time a medical professional acts in a way that is below the acceptable standard of care they owe to a patient, it may be the result of medical malpractice.

Important Elements of a Medical Malpractice Case

In a medical malpractice case, you must establish the following:

  • The standard of professional conduct was violated: Medical professionals owe their patients a legal duty of care. They must follow the standard of professional conduct that they agreed to when becoming a doctor. In order to be eligible for a medical malpractice case, they must have violated it.
  • The negligence led to an injury: Making a mistake as a medical provider is not enough for a medical malpractice case. The doctor or other healthcare provider’s negligence must have also led to an injury. There must also be legal or other monetary damages that can be compensated through a legal lawsuit.
  • The negligence led to significant damages: Minimal damages will also not be enough to be eligible for a medical malpractice case. It can be expensive to pursue a medical malpractice case, so there must be sufficient reason to do so.

It is not always easy to determine if your case includes each of these important elements. It can be helpful to discuss the details of your case with an experienced medical malpractice lawyer.

Discuss Your Case With a Medical Malpractice Lawyer Today

The best way to find out if your case is eligible for a medical negligence lawsuit is to discuss it with a lawyer. Working with a New Jersey medical malpractice lawyer can ensure you not only follow the state’s statute of limitations but that you build the best case possible. Proving medical negligence can be just as difficult as determining if you have a case. You will need sufficient evidence, including medical records and expert witness statements. In New Jersey, you have just two years to file a claim. This timeline can come fast, especially as you are dealing with your recovery. That is why you need a lawyer who is experienced with New Jersey’s laws. You also need a lawyer who will fight to get you the compensation that you need to recover. Read more: 10 Important Questions for Your Personal Injury Attorney

Contact a Cherry Hill Personal Injury Lawyer to Discuss Your Medical Malpractice Case in New Jersey

Did you or a loved one sustain serious injuries due to medical malpractice in New Jersey? Don’t let the medical bills pile up while you wait for the negligent party or their insurance company to do the right thing. Right now, you need an aggressive personal injury attorney on your side, fighting to get you the compensation you need, want, and deserve. The skilled attorneys at Garber Law, P.C. represent clients injured because of medical malpractice in Camden, Cherry Hill, Gloucester Township, Winslow, and throughout New Jersey. Call (856) 435-5800 or fill out our online contact form to schedule a consultation about your case. We have an office conveniently located at The Greens of Laurel Oak, 1200 Laurel Oak Road, Suite 104, Voorhees, NJ 08043, as well as an office in Philadelphia, PA.

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(The below information may not apply to your settlement and verdict).

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