When you seek medical care, you expect healthcare professionals to provide appropriate treatment. But when a provider's actions fall below the applicable standard of care and a patient is injured as a result, there may be grounds for a medical malpractice claim.
A poor medical outcome, however, does not automatically mean medical malpractice occurred. Understanding the difference can help patients know when it may be appropriate to speak with an attorney.
What Is Medical Malpractice?
Medical malpractice is a form of professional negligence involving a healthcare provider.
Generally, these cases examine whether a healthcare professional failed to meet the applicable standard of care and whether that failure caused the patient an injury.
Because medicine involves risks and complications, an unsuccessful treatment or unexpected outcome alone does not necessarily mean that a healthcare provider was negligent.
What Are Examples of Medical Malpractice?
Whether malpractice occurred depends on the specific circumstances. Potential medical malpractice claims may involve allegations such as:
- Failure to diagnose or delayed diagnosis
- Surgical errors
- Medication errors
- Birth-related injuries
- Anesthesia errors
- Failure to appropriately monitor a patient
- Inadequate follow-up care
In each situation, it is important to determine not only whether an error occurred, but whether the healthcare provider's conduct caused an injury.
What Is Needed for a Medical Malpractice Claim?
A medical malpractice claim generally examines several key issues:
- Duty: Did the healthcare provider have a professional responsibility to care for the patient?
- Standard of care: Did the provider's actions or omissions depart from the applicable professional standard?
- Causation: Did that departure cause the patient's injury?
- Damages: Did the patient suffer losses as a result?
Medical experts can play an important role in evaluating the standard of care and the treatment provided.
Are There Special Requirements in New Jersey?
New Jersey medical malpractice cases are subject to specific legal and procedural requirements. These may include an Affidavit of Merit, which generally requires an appropriately qualified professional to address whether there is a reasonable probability that the care at issue fell outside acceptable professional standards.
There are also deadlines for filing medical malpractice claims. Because the applicable deadline can depend on the circumstances, someone who suspects medical malpractice should consider speaking with an attorney promptly.
What Should You Do If You Suspect Medical Malpractice?
If you believe negligent medical care caused an injury:
- Take care of your immediate medical needs.
- Keep relevant medical records, bills, prescriptions, and test results.
- Document important dates, treatments, and providers.
- Consider consulting a medical malpractice attorney about your circumstances.
Frequently Asked Questions
Is every medical mistake malpractice?
No. A complication, unsuccessful treatment, or poor result alone does not necessarily establish medical malpractice.
Do medical malpractice cases require medical experts?
Medical experts often play an important role in evaluating the applicable standard of care and whether a healthcare provider departed from that standard.
Can hospitals be involved in medical malpractice claims?
Potentially. Who may be responsible depends on the facts and circumstances surrounding the patient's care.
Speak With a New Jersey Medical Malpractice Attorney
If you believe you or a family member suffered an injury because of negligent medical care, an attorney can review the circumstances, explain the legal issues involved, and discuss your available options.
Contact Wilentz, Goldman & Spitzer, P.A. Personal Injury team today to discuss your situation with a New Jersey medical malpractice attorney.
Tags: Medical Malpractice • Medical Negligence • Personal Injury
