Plainfield Medical Malpractice Lawyer
Medical malpractice occurs when a health care professional fails to provide the standard of care expected of them, resulting in injury or harm to the patient. If you or a loved one has been a victim of medical negligence, you should consult with a Plainfield medical malpractice lawyer as soon as possible to discuss your legal options.
Our personal injury attorneys can help you file a lawsuit against the health care professional or institution responsible for your injuries. We will work tirelessly to maximize the value of your case and seek rightful compensation for your past, present, and future losses.
What Are Common Examples of Medical Malpractice?
Medical malpractice can cause a variety of physical injuries and lead to complications, infections, temporary or permanent disability, and the worsening of your original condition. The trauma of medical malpractice can cause significant emotional distress, including anxiety, depression, and even post-traumatic stress disorder. Common examples of medical malpractice include:
- Surgical errors, such as wrong-site surgery, operating on the wrong patient, leaving surgical instruments inside the body, or nerve damage during a procedure
- Failed, delayed, or misdiagnosis, which occurs when a doctor fails to properly identify a patient’s condition, leading to delayed or inappropriate treatment
- Medication errors, such as prescribing the wrong medication, incorrect dosage, or the failure to monitor a patient for adverse reactions
- Birth injuries, such as cerebral palsy or brachial plexus injuries, that occur due to a medical provider’s breach of their legal duty during pregnancy, labor, or delivery
- Anesthesia errors that occur during any procedure requiring anesthesia, potentially leading to complications or injuries
- Hospital-acquired infections that occur due to negligence around infection control practices
- Preventable mistakes made in the emergency room that can lead to serious consequences for patients
- Failure to obtain informed consent from the patient before a procedure, meaning they were not fully aware of the risks and benefits
Victims of medical malpractice may incur substantial financial losses due to medical expenses, rehabilitation costs, lost wages, and a reduced ability to earn a living in the future. Injuries resulting from malpractice can impact your ability to enjoy activities and relationships, leading to a decreased quality of life.
In severe cases, medical malpractice can result in wrongful death, leaving families with immense grief and financial burdens. If a physician’s negligence has injured you or a loved one, contact a Plainfield attorney who can review your situation and inform you of your best legal options.
How Does Proving Liability Work in a Medical Malpractice Case?
Proving liability in a medical malpractice case requires demonstrating that a health care provider’s negligence directly caused your injury or worsened your condition. You must prove that a professional duty of care existed between you and the health care provider. This means the provider was treating you and had a responsibility to adhere to the accepted standard of care.
You must demonstrate that the health care provider breached this duty of care by failing to meet the accepted standard of care within their field. This often involves showing that the provider’s actions deviated from what a reasonably prudent health care professional with similar training and experience would have done in the same situation.
You must also prove that the breach of duty directly caused your injury or worsened your condition. This is often the most challenging aspect of the case, requiring expert medical testimony to establish a causal link between the negligence and the harm suffered. You also need to demonstrate that you suffered damages as a result of the injury, for example, economic losses (medical bills, lost wages) and non-economic losses (pain and suffering, emotional distress).
Additional Filing Requirements
In addition to these elements, New Jersey law requires you to file an Affidavit of Merit from a qualified medical expert within a specific timeframe (usually 60 days after filing the initial complaint). This affidavit confirms that, in the expert’s opinion, the health care provider breached the standard of care and that this breach may have caused your injuries.
You must file your medical malpractice claim within the two-year statute of limitations from the date of the injury or the date you should have reasonably known about it. This makes it essential to consult with a Plainfield attorney as soon as you discover an injury you suspect was the result of medical malpractice.
Discuss Your Health Care Negligence Case With a Plainfield Attorney
If you believe that medical malpractice led to your injuries, an attorney can evaluate the details of your situation and assess the strength of your potential case. Our Plainfield medical malpractice lawyer regularly helps individuals who have suffered injuries due to the negligence of a health care provider.
We can investigate your incident, gather and preserve all available evidence, and build a strong case for negligence to secure compensation for the full scope of your damages. Do not wait to seek legal counsel about your case. Contact our firm today to request your free and confidential case review.