If you have suffered harm due to negligent care from your doctors and other providers, you may have a medical malpractice claim. Here is what to expect if you choose to pursue financial recovery for your harm and losses through a med-mal claim.
What is Medical Malpractice?
Medical malpractice occurs when a healthcare provider fails to render treatment to a patient in accordance with the accepted standard of care, and the patient suffers some sort of harm as a result. While the specifics of the standard of care will vary from patient case to patient case, the standard of care is broadly defined as the treatment decisions and actions that other providers of similar training and experience would undertake in identical circumstances.
Therefore, not every negative outcome of treatment constitutes medical malpractice. If other medical providers would have taken the same actions in treating your case, you may not have a claim even if you suffered harm. Similarly, even if your provider made a mistake in your treatment, you may not have a claim if you suffered no ill consequences.
Steps to Take in Your Medical Malpractice Case
If you think you have a medical malpractice claim, steps you should take to preserve your rights to seek compensation for your harm and loss include:
- Seek a second opinion to confirm that your initial provider made a mistake in your treatment
- Once you begin receiving the correct treatment, follow your provider’s treatment plan and instructions
- Gather copies of your medical records and any other documents related to the negligent treatment, such as email correspondence
- Keep copies of medical bills and invoices for treatment you need to recover from the harm caused by malpractice
- Also, keep copies of your pay stubs or income statements if you need to take time off work for treatment or if the adverse consequences you suffered from malpractice disable you from working
Finally, talk to a medical malpractice attorney as soon as possible to learn whether you may have a claim for compensation from your healthcare providers. In New Jersey, you may have only two years from the date that you received negligent treatment or you discovered that you were injured by negligent treatment to file a medical malpractice lawsuit.
Proving Medical Malpractice
To prove that you were harmed by medical malpractice, you will likely need to rely on various kinds of evidence that shows your provider(s) rendered treatment that failed to meet the accepted standard of care in your case, and that treatment caused you some form of harm, such as physical injury or allowing a treatable disease to become terminal. Examples of evidence used in medical malpractice claims include:
- Medical records
- Provider notes
- Surveillance camera footage
- Eyewitness testimony
- Written and phone correspondence
- Test results
- Prescription orders
- Opinion testimony from medical experts
Financial Recovery Available in Medical Malpractice Claims
In a medical malpractice claim, you may be entitled to recover compensation for expenses and losses you incurred due to the physical harm you suffered, including for:
- Costs of medical treatment and rehabilitation for injuries you suffered due to negligent care, or more intensive treatment if your original medical condition worsened
- Long-term care expenses if you suffer permanent impairment
- Loss of income or future earning capacity if you cannot work due to the medical harm you suffered
- Physical pain and emotional distress
- Loss of quality of life due to disabilities, scarring/disfigurement, or reduced life expectancy from a terminal medical condition
Contact A Medical Malpractice Attorney for a Consultation About Your Case in New Jersey
Were you or a loved one injured due to medical malpractice in New Jersey? Then you need to talk to an experienced medical malpractice lawyer as soon as possible for guidance on how to proceed. The Haddonfield medical malpractice attorneys at The Law Offices of Andres, Berger & Tran P.C. are prepared to assist you with your legal claim. We represent victims of negligent surgeons, doctors, nurses, and pharmacists throughout New Jersey, including Pennsauken, Voorhees, Cherry Hill, and Collingswood. Call us today at (856) 795-1444 or fill out our online contact form to schedule a consultation. Our main office is located at 264 Kings Hwy. E., Haddonfield, NJ 08033.
The articles on this blog are for informative purposes only and are no substitute for legal advice or an attorney-client relationship. If you are seeking legal advice, please contact our law firm directly.
