- Medical Malpractice In New Jersey Is Not As Unusual As You May Think
- Definition Of Medical Malpractice
- What Are Some Common Examples Of Medical Malpractice?
- Medical Professionals Can Be Held Responsible For Medical Malpractice
- The Four Requirements Of A New Jersey Medical Malpractice Case
- Medical Malpractice Frequently Asked Questions
- Speak With A New Jersey Medical Malpractice Lawyer About Your Case – FOR FREE!
We have one body in this life, and when it is not working optimally, we seek help in the medical community.
We trust doctors, because as medical professionals, they are committed to upholding rigorous standards of care.
Most of the time, our needs are heard and met through careful observation, diagnosis and hand tailored course of treatment. Unfortunately, this is not always the case.
There are times when these standards are violated. Something has gone horribly wrong. Negligence has occurred, and you are injured as a result. We understand this is a heart-wrenching experience, and our compassionate and caring NJ personal injury lawyers will help you seek the compensation you deserve to care for your loved ones.
We have an abundance of knowledge and we are here to help. Call us now at 833-323-4448
Medical Malpractice In New Jersey Is Not As Unusual As You May Think
A recent study conducted by John Hopkins now ranks medical errors as the third largest cause of death in the United States.
Third largest cause.
Let that sink in.
This study doesn’t even include people who are injured by medical malpractice.
Injury can alter your entire life. It can incur innumerable medical bills to reconcile the injury, lost wages, trauma and emotional distress.
To have that done by the very people you place trust in, a profession that has a strict code of care, is heart breaking.
If you believe that you have been injured under the care of a New Jersey medical professional, call us for a FREE CASE EVALUATION.
We will look over your case and make recommendations on how to move forward.
Rosengard Law Group has the experience to understand the problems you are facing because of this NJ medical malpractice injury.
Definition Of Medical Malpractice
Medical malpractice is when the standard of care provided by a medical professional deviates from the generally accepted standard, which then results in an injury or death of a patient.
Every type of illness or injury has a set standard of care to follow within the medical industry.
When a medical professional does not treat an illness or injury, in the same manner, most of their peers would and the patient is injured as a result, malpractice may have occurred.
Sadly, medical malpractice is not always that easy to determine and the injuries may not be noticeable right away.
Often times, when one is in the position of seeking medical help, they are vulnerable and looking to the professionals. The patient may question their concerns or feel invalidated by the medical professional from whom they are seeking care. It is imperative not to have your concerns be undermined.
Let me paint you a picture:
Your child has fallen from a tree and is in excruciating pain.
If your child has a broken arm, you can expect X-rays, having the bone properly set, a cast and a treatment plan.
You rush to the emergency room and are informed that your child merely needs a sling and pain medication. You don’t have a medical degree, so you leave it to the professionals.
However, if a doctor or medical professional makes a gross misjudgment, does not practice within the standard of care and your child is injured as a result, that is medical malpractice.
If you believe an injury has occurred, contact a New Jersey medical malpractice lawyer. We have a wealth of experience and can guide you toward proper action.
What Are Some Common Examples Of Medical Malpractice?
Medical conditions and treatments are very different for each person.
Because of this, medical malpractice can occur in many different ways.
However, as New Jersey medical malpractice lawyers we have found that there are some common areas where most malpractice cases occur.
Misdiagnosis or Delayed Diagnosis
Doctors are trained to make a diagnosis about a patients medical condition based on a few factors.
An extensive intake which includes interviewing the patient, making a physical exam, and by conducting the appropriate tests.
Misdiagnosing or delayed diagnosis of a medical condition can have devastating effects on the patient and their family.
Patients that are seeking compensation for injuries sustained due to misdiagnosis or delayed diagnosis will have to show that the treating physician did one or more of the following:
- Failed to listen to the patient about their condition and symptoms and
- Failed to seek treatment or testing options based on those observations
- Failed to examine medical history of the patient, including that of their direct family members
- Ordered incorrect tests or failed to order testing for the patient
- Misread or did not understand the test results
A misdiagnosis or delayed diagnosis can cause extensive harm to the patient.
Delayed treatment can cause the injury or illness to intensify or could lead to additional illness. In some cases, delayed treatment could result in the death of the patient.
Working on behalf of many families and individuals, we understand how devastating this experience can be.
Believe it or not, attorneys have compassion! We have a lot of fight in us to get justice and at the same time we have a great deal of compassion for those who have been grossly mistreated.
One of our New Jersey medical malpractice attorneys will review your case and determine your eligibility for compensation.
In addition to failing to provide routine cancer screenings, doctors can also misdiagnose cancer based on predispositions during a medical exam.
Doctors are often in a hurry to see as many patients as possible, so they have diagnosed the patient before even walking in the exam room in a quick check of the nurse’s notes. Sadly, this predisposition can harm the patients.
All physicians must take the time to review the medical history of a patient in addition to their symptoms so that all types of diseases and injuries can be eliminated before starting a specific treatment for a disorder. Read more about cancer misdiagnosis.
Under or Over treating a Medical Condition
Sometimes a headache is just a headache. Sometimes a headache is something much worse.
A medical professional must use their knowledge and training to determine the right course of treatment for any condition.
Surgical errors covers a large variety of outcomes that can be difficult to prove.
Some injuries caused by surgical errors are obvious right away, such as instruments or objects being left inside the body where they should not have been. Can you imagine?! This actually happens.
For all the good in the medical community, sadly, there also exists negligence.
No licensed medical professional whom we seek care from should violate the standard of care, and place you at risk for injury.
If so, you may have been wronged and deserve compensation.
If you believe that you have been harmed by a surgery, you should contact a New Jersey medical malpractice lawyer as soon as possible to protect your rights as an injury victim.
The care you receive after an operation can be as crucial to the treatment success as the surgery itself.
Preventing infections at the surgical site or anywhere in the body after surgery is the obligation of the doctor and the hospital staff.
This includes a variety of infections such as:
- Surgical Site Staph Infections
- Bloodstream Infections
- Tissue Necrosis (Tissue Death)
Additionally, part of post-operative care includes preventing:
• Internal bleeding
• Blood Clots
• Pulmonary Embolisms
• Bed Sores
Medical professionals that administer anesthesia require special training in addition to their standard medical training.
Administering anesthesia is a very specialized science that requires specific formulas of different medications to achieve the desired effect.
Anesthesia injuries could result in the patient waking too soon or during the procedure, not being able to wake up after the procedure, having a reaction to medicines used, or in some cases wrongful death.
Hospitals in New Jersey must meet many standards and follow many regulations to operate within the state. Additionally, national guidelines and regulations must be met for the hospital to receive accreditation. Unfortunately, these standards and guidelines are not always followed.
When a hospital fails to follow guidelines and regulations, patients have the potential to be harmed by their actions. Some of the more common forms of hospital medical malpractice include:
- Delays in treatment in the Emergency Room
- Failure to keep room, instruments, or other objects that come into contact with patient sanitized which leads to infection
- Cross contamination of patients due to not washing hands or following sterilizing protocols
- Medication errors including administering wrong medication, wrong dosage of medication, or wrong timing of medication
- Equipment failures
- Shortage of staff
- Improperly trained staff providing care
- Administrative mistakes
Emergency Room Errors
The ER is one of the busiest places that you will ever receive medical care. These medical professionals are often your best chance for surviving a serious illness or an injury.
These dedicated medical professionals put in long hours and face many hardships during their shifts. Unfortunately, this leaves a vulnerable gap for misjudgment and negligence.
ER professionals are also often understaffed. This is when errors can occur.
Most people do not go to the ER unless they think it is an emergency, so when they are not treated correctly and to standard, the results can be life-changing.
If you have ever been to an emergency room, you can relate to the fact that they are always crowded. This is especially true in more populated areas and large cities. For non-trauma emergencies, you could wait for several hours for care. Even if you do have a trauma, there is potential that you could wait.
The crowding in the emergency room can lead to staff members working hastily. Doctors, nurses, and technicians have to work at fast speeds to get to the next patient. With so much going on, it is easy to see how misdiagnosis can happen.
Misdiagnosis, however, is a very serious thing. A misdiagnosis will delay treatment for the actual medical condition, which could lead to injury.
A misdiagnosis can also lead to harming the patient by providing the wrong medical care. When an emergency room misdiagnoses happen, malpractice has occurred, and you will need a New Jersey medical malpractice lawyer.
Birth Injuries to Infant and Mother
Birth injuries to the infant or child are always serious.
Injuries to the infant can lead to life-long disabilities or pain and injuries to the mother can result in lasting pain and discomfort, infertility, or even death.
Birth injuries can occur from failing to use a C-Section or delaying that option, using forceps in delivery, delaying delivery, or similar negligent actions.
A birth injury can change the lives of the entire family.
CALL OUR OFFICE TODAY and speak with NJ medical malpractice attorney if you or your loved one has been injured while giving birth.
Medication and Pharmacy Errors
Dispensing the wrong medication at the hospital or at a medical facility can harm or cause the death of a patient.
It is very important that doctors only dispense medications that are designated for the type of illness or injury they are treating.
It’s equally important to make sure this medication will not react with any other medications being used.
Medical professionals have the obligation to make sure that any potential allergies or interactions are considered before providing a prescription.
Pharmacies also carry many obligations to the patient. A pharmacy must ensure that they are dispensing the medications that were prescribed by the doctor in the right dosage amount.
Pharmacies that mix or otherwise prepare medications on site are also responsible for the accuracy of the final product.
Pharmacies that mix medications are also required to make sure that these medications remain sterile throughout the mixing and dispensing process. Read more about medication errors.
Dentistry and Chiropractic Errors
Malpractice can also occur in a dental office setting. A dentist is held to the same responsibilities for duty of care as all other physicians.
The same applies to chiropractors. These medical professionals are providing a service that could endanger the health and well being of the patient if done with negligence.
Medical Professionals Can Be Held Responsible For Medical Malpractice
It is very important to understand that doctors are not the only medical professionals that can be held responsible for malpractice.
Nurses, Physician Assistants, Nurse Practitioners and hospital staff and personnel can also be held responsible if their actions lead to harm of the patient.
If you have been injured during the course of your medical are by any employee of the doctor’s office or medical center, you are encouraged to speak with one of our New Jersey medical malpractice attorneys about your case.
The Four Requirements Of A New Jersey Medical Malpractice Case
For our New Jersey medical malpractice lawyers to determine that you have a negligence case, they must establish the following:
Doctor/Patient Relationship and Duty of Care
Your attorney must establish that the medical professional you have named has a working relationship with you as a patient.
Once it has been established that there was a relationship, meaning that you sought their medical services for an injury or illness, the duty of care is automatically applied.
When the medical professional began examining you for treatment they assumed the duty of care for your illness or injury.
Breach of Duty
A Breach of Duty occurs when the medical practitioner failed to provide you with the standard of care that other professionals with the same training and experience would have provided.
Causation of that Breach
Through the use of medical records and follow up procedures, you must be able to show that the breach of duty did in fact cause your injury.
Injury and Damages to Patient
The patient must have suffered physical and/or financial damages as a result of this injury.
For example, if you were required to miss work or leave your job as a result of the new injury, you have been harmed financially.
Physical harm would be seen as an ongoing illness or injury that is a result of the negligent action or the need for corrective medical care.
Once our attorneys has determined that all four of these factors apply to your case, they will advise you of your rights as an injury victim and help you prepare your case for compensation.
Medical Malpractice Frequently Asked Questions
How much does a New Jersey medical malpractice lawyer cost?
Rosengard Law Group works medical malpractice lawsuits on a contingency basis, so we don’t charge you anything to run the case. We get paid a percent of the settlement when we win your case, so you never really pay us anything.
How does a medical malpractice lawsuit work?
We handle everything for you. We fight to prove 3 things: that the doctor/hospital breached a legal duty, that the breach caused your injury, and that your suffered damages as a result.
Who can I sue for medical malpractice in NJ?
Yes, in New Jersey you can sue any healthcare professional, including: dentists, chiropractors, nurses, pharmacists, pharmaceutical manufacturers, hospitals, urgent care, surgery centers, HMOs, nursing homes, anesthesiologists, psychologists, psychiatrists, therapists, physical therapists – the list goes on.
Anyone that caused your harm as a result of their negligence can be held accountable.
Speak With A New Jersey Medical Malpractice Lawyer About Your Case – FOR FREE!
Medical malpractice is a terrible tragedy that can have life-long effects for the victim and their families.
Justice is only served when those who are responsible for this life-changing event are held responsible for their actions.
Your best chance at justice is to speak with a well-versed New Jersey medical malpractice attorney today.
Recovering from a traumatic event is harrowing. There is often physical pain, emotional upheaval and heavy financial burdens.
Seeking justice should not cause you or a loved one additional burden. We believe everyone deserves fair representation. This is why we work on a contingency basis.
This means that you do not pay any out-of-pocket fees. We get paid a percentage of the settlement we win from the insurance company.
This allows you or your loved one to focus on their health and recovery, while we fight for you.
CALL FOR A FREE CONSULTATION. There are absolutely no fees or obligation. You can ask as many questions as you need to feel assured that we are the right firm to fight on your behalf.
Afraid? Overwhelmed? Simply fill out the form below and one of our professional staff members will contact you immediately.
You deserve fair compensation for this injustice. Call us now: 856-284-6446. Our New Jersey medical malpractice lawyers are here to help you.