When you seek medical care, you do so under the belief that the medical care provider will take care of your needs without causing harm. You believe that they have the experience and skills necessary to treat your condition. You also think that they will refer you to the right medical professionals if your needs do not meet their skill set.
You do not, however, think that you will be harmed or further injured by the care you receive. You do not believe for one minute that your care providers will act negligently.
If you have been injured by the medical care you received, contact a Trenton medical malpractice lawyer.
Hire a NJ injury attorney to protect your rights and help you build a successful case for compensation.
SCHEDULE A FREE CASE REVIEW. We will look at all of the facts surrounding your medical malpractice case and give you a no-obligation review of what type of case you have and how we can help.
How Your Trenton Medical Malpractice Lawyer Establishes A Case
Medical malpractice occurs when a medical care provider acts in a negligent manner and causes harm to a patient. The action in question must be “outside the scope of the standard of care” that would be expected from other members of the medical community had they treated the condition.
It is essential to understand that it is not medical malpractice if you do not get the desired results or outcome from medical treatment.
To be considered medical malpractice in the eyes of the law, your Trenton medical malpractice attorney must establish the following four conditions:
It must be established that there was a working doctor-patient relationship between the parties. The medical care provider must have had an active part in your treatment to be held negligent for that treatment.
For example, if you are talking to a doctor in the elevator of the hospital and they give you advice, and that advice turns out to cause harm, that doctor cannot be held responsible for medical malpractice. There must be a working relationship and a knowledge of the patient and medical condition for malpractice to happen.
Duty of Care
Doctor’s and other health professionals are held to a specific level of care within the medical community. Medical practitioners have a duty of care to act as other members of their profession would act to care for a patent.
Deviation From Duty
There must be a breach of that duty of care for malpractice to be considered. If your doctor or other care practitioner deviates from the standard of care that should have been used within the medical community, malpractice may have occurred.
Causation of Injury
The most important factor that must be established by your Trenton medical malpractice lawyer is that the patient was harmed due to the deviation of care. There must be harm or injury for it to be malpractice.
Legally, a doctor can deviate from the standard of care or even make a mistake in treatments. However, if that mistake or deviation causes harm, they are negligent and may be sued for medical malpractice.
Types of Cases Our Trenton Medical Malpractice Lawyers Handle
Since the medical field is so large, there are many different ways that medical malpractice can happen. It should be understood that malpractice is not just restricted to doctors. Many different professions can be held responsible for medical malpractice, including:
- Nurses, Nurse Practitioners, Nurses’ Aides
- Psychiatrists, Therapists, Counselors
- Dentists, Dental Surgeons, Orthodontists
Malpractice events can be caused by many different actions. Because there are so many different scenarios that could lead to the harm of the patient, it is important that you speak with a dedicated Trenton medical malpractice lawyer about your case. Your attorney can find where the errors occurred and who is responsible.
The most common types of medical malpractice injuries occur as a result of:
Failure to Diagnose and Misdiagnosis
Failing to diagnose an illness or medical condition based on obvious symptoms or misdiagnosing a condition under the same pretenses can lead to serious harm to the patient. A delayed diagnosis of any medical condition can have life-threating and life-impacting effects on the patient.
Failure to Treat and Over-treating a Condition
Failing to treat a condition is also a leading cause of malpractice. Some medical professionals will decline to treat a patient for a condition based on their own personal biases (patient is overweight, or the patient is too old) and this leads to harm of the patient. Failing to treat a patient can lead to additional harm to the life of the patient and is a form of malpractice.
Overtreating a condition is also a form of malpractice. Some doctors may feel that they are just being “overly cautious” and putting the patient through all of these tests “just to make sure” that they didn’t miss anything. In actuality, these medical professionals are placing these patients through a lot of medical stress and exposing them to different conditions that may be harmful, such as excessive exposure to radiation.
Sometimes a headache is just a headache.
Emergency Room Errors
Emergency rooms are places that save lives, help accident victims in their time of need and care for those with a quick onset of a medical condition. ER personnel is some of the most highly skilled professionals in the medical field.
Sadly, these same skilled workers are also often overworked, have to work in chaotic conditions, and must rely on so many other individuals in the system to get test results and consultations that mistakes happen.
Anesthesia is one of the most dangerous and helpful medicines available. These medications make it possible for surgeons to perform their duties without causing pain to the patient. However inaccurate administration of anesthesia can lead to patients having trouble waking from the medicine, waking too early, or having a reaction.
Every surgery has risks. However, if your surgeon makes a mistake during that surgery, the results can be devastating. Any errors that occur during a surgical procedure are generally considered malpractice.
Medication errors can occur in many ways. A patient could be administered the wrong medication, the wrong dosage, or receive too many or too few doses per day. Pharmacists can fill the prescription with the wrong strength or type of medication. Doctors and pharmacists are also responsible for making sure that any medication given to a patient will not react with any other medications being taken or with any known allergies.
Patients who undergo operations should also receive quality care after the surgical procedure so that they can make a recovery. Infections in the surgical area, sepsis, internal bleeding, urinary tract infections and respiratory infections that occur after surgery could be the result of improper care and medical malpractice.
There are many other ways that malpractice can occur. If you believe that you have been injured by any medical professional in the course of your treatment, you are encouraged to speak with an attorney about your case.
During your FREE CONSULTATION, your attorney will review the medical records and the information that you provide to understand what happened to you. If it is determined that malpractice has occurred, your attorney will provide you with the information you need to start a case for compensation.
Types of Compensation Our Medical Malpractice LAwyers Fight to Recover
When you have been injured by a negligent act of another person or entity, you have the legal right to seek compensation for your losses. These damages are awarded under several categories. Your Trenton medical malpractice lawyer may seek compensation for one or more of the following types of damages.
This type of compensation would include medical care costs to treat the injury and all future medical care costs related to that injury. This would also include medical care related to long-term care if necessary and specialized treatments or surgeries.
If your injury has caused you to miss work, you can make a claim for your lost wages and any lost benefits.
Future Earning Capacity
If you are unable to return to work at your current position, or if you cannot return to work at all because of your injury, your attorney will seek damages for loss of future earnings. This will also include employer-sponsored benefits that you would have received during that period.
Cost of Services
If your injury prevents you from doing things around the house that you normally do, you can claim for what you have had to spend to have someone do these things for you. This may include home cleaning or repairs, yard maintenance, childcare, automobile repairs, or even dog walking services.
Pain and Suffering
Your attorney will seek the non-economic damages of pain and suffering and possibly mental anguish damages. This is a form of compensation designed to relieve your personal burdens associated with the injury.
Loss of Consortium
If you cannot interact within the relationship with your spouse as you did prior to the accident, your attorney can seek damages for this loss. Your attorney may also file for damages separately for your spouse for the same reason.
Additional forms of compensation may be available to you. Your Trenton medical malpractice lawyer will discuss the types of damages you can claim during your initial consultation.
Never A Fee Unless We Win – Speak with a Trenton Medical Malpractice Lawyer Today
Our law firm operates on a contingency basis. This means that we do not receive any legal fees until we win your case. This is the best way to help clients that may already be facing economic hardships because of their injury and losses.
FREE CONSULTATION. We even offer a free consultation so that you know right from the start how we can help and what to expect from your claim.
Medical malpractice is subject to the Statute of Limitations. Protect your rights to sue for compensation by speaking with a Trenton medical malpractice lawyer as soon as possible after your injury occurs.