Putting your trust in a medical practitioner is something you do on a regular basis in emergency rooms, urgent care centers, and even at your general practitioner. We trust medical professionals to provide proper care when going for a check-up, having tests completed, receiving diagnoses, formulating treatment plans, surgery, and other health-related issues. As with any profession, doctors and nurses are human and can get overwhelmed and distracted, which is when most mistakes are made.
Medical malpractice in Newark NJ can have life-long effects, both physically and mentally. Injuries from this type of negligence or reckless behavior can lead to disfigurement or even death. In order to have a strong medical malpractice suit, it must be proved that you have suffered injuries at the hands of a medical practitioner and your injuries are a direct result of their negligent or reckless behavior. The last thing you expect when visiting your doctor is to be harmed by the person or people you have entrusted with your health.
Newark, NJ Medical Malpractice Attorney
Our experienced attorneys at Metro Law in Newark are highly skilled in all areas of medical malpractice and personal injury law. With more than 100 years of combined personal injury law experience, we understand the physical and mental pain you may be suffering as a result of a negligent or reckless healthcare professional. We would like to assist you when you need it most. Please call us today to speak with an experienced medical malpractice attorney to discuss how we can help you.
Common Areas of Medical Malpractice in New Jersey
There is a standard level of care that medical professionals are bound to uphold. When a medical professional does not apply the standard level of care, avoidable illnesses and injuries can occur. This can be the basis for a medical malpractice case.
In order to preserve your victim rights, you should contact the highly skilled and experienced personal injury attorneys at Metro Law in Newark to find out if you have the right to pursue a medical malpractice claim as soon as possible. There are strict statutes of limitations surrounding medical malpractice laws. Your claim must be filed within that specified time period in order to proceed successfully with your legal suit. The medical malpractice attorneys at Metro Law have the skills and knowledge needed to handle your case. Medical malpractice law has many common types of claims, including, but not limited to:
- Surgery errors: Surgeons can easily cause life-threatening injuries or even death if they are not extremely mindful of the surgery details. Operating on the wrong body part, accidentally damaging a nerve or artery, unnecessary procedures, improper administration of anesthesia, or non-sterile surgical instruments can disable a person, causing paralysis, or lead to death.
- Failure to diagnose: Doctors and medical professionals often overlook signs that indicate major diseases and other medical conditions, including cancer, or ignore complaints from patients.
- Prescribing errors: Doctors can order the wrong prescription dose or even the wrong medication. Sometimes the pharmacists may incorrectly fill the medication or miss interactions with other medications, causing debilitating injuries.
- Leaving objects behind: Surgeons, not being diligent, can leave surgical instruments in your body during surgery which can cause life-threatening infections and even lead to death.
- Birth injuries: Negligent or reckless behavior by a physician to newborns can be one of the most serious injuries. If a physician fails to perform a cesarean birth (c-section) immediately when needed, it can cause immeasurable, life-long issues for newborns. Due to a lack of oxygen during birth, babies can suffer irreversible brain injuries or death if not properly monitored. Disabilities lasting a lifetime such as Erb’s palsy and Cerebral palsy can be caused by birth injuries.
- Nursing home neglect: When not properly monitored, nursing home residents can be injured if they fall due to improper support or restraint. Nursing home residents are in a more fragile state than most individuals meaning even a minor fall can lead to irreparable injuries, even death.
If you have lost a loved one or have yourself been injured by the reckless or negligent behavior of a medical professional in Newark, New Jersey, or New York, the representation of an attorney who has a proven track record in medical malpractice can assist you through the process of bringing suit against the at-fault party. The attorneys at Metro Law have many decades of experience helping victims recover the compensation they deserve for the injuries and damages sustained at the hands of a medical professional. The legal system can be complicated and complex. Let us assist you in your medical malpractice case.
Proof for Your Newark Medical Malpractice Claim
You may be eligible to file a medical malpractice claim for damages if you or a loved one has suffered injuries due to an error or other negligent behavior by a medical professional. Personal injury claims require specific proof in order to proceed with a successful medical malpractice case. Proof that another party acted in a negligent or reckless manner was the direct cause of your injuries is essential in claims of medical malpractice. Claims for medical malpractice require medical knowledge, which makes these cases more complex in nature.
There are certain conditions that must be met in order to be successful in your medical malpractice claim including:
- Doctor/Patient Relationship: An established relationship between the doctor who inflicted the injuries and the patient who was harmed must be documented in the victim’s medical records. It must be proven that there was an existing relationship of care and the doctor has provided a diagnosis or medical treatment to the victim. The court requires proof that there was an obligation by the doctor to provide you with a basic standard of care, and their actions did not reach the required professional level of care, causing the victim harm.
- Negligent Care: All doctors are held to a medical standard of care. It must be proven that the doctor in question did not uphold the medical standard of care required in order to bring charges against that doctor. A professional standard is set by the standard level of medical care that states that a reasonable and competent healthcare professional with the same background and experience would have provided the same level of care under the same circumstances. If your doctor fell below the standard level of medical care, and it can be proven, you may be able to make a medical malpractice claim.
- Injuries sustained: It must be proven that the injuries you sustained were inflicted due to the negligent or careless actions of your doctor. For example, a doctor made an error in prescribing your medication. If this prescribing error eventually caused you harm or injury, it is required that you prove the same medication would have been prescribed by a competent medical professional in the same situation.
- Damages: Due to the alleged malpractice, you must be able to prove you sustained certain damages. These damages may include but are not limited to, medical bills incurred from the injuries, lost wages as a result of the inability to work or time off for your recovery, pain and suffering, or emotional distress. The doctor must have acted outside of the standard level of care causing your injuries in order to recover damages.
You or your loved one may be able to be compensated for your injuries under New Jersey law if the above-mentioned conditions can be proven in a court of law. Our knowledgeable and experienced attorneys at Metro Law have decades of experience handling complex medical malpractice cases. Let our attorneys fight for you.
Newark New Jersey Medical Malpractice Liability
Trying to determine who is at-fault for the injuries and damages you have sustained, can be quite complex and confusing. There may also be more than one party liable in your medical malpractice claim.
- Medical Professionals: Doctors, nurses, anesthesiologists, or other healthcare professionals could be held liable for harm that has been sustained by you or a loved one. If you can prove that the injuries you incurred were directly related to the medical professional’s negligence or lack of care, you may be entitled to pursue a personal injury claim.
- Hospitals: Hospitals are responsible for the harm they cause, as well as harm caused by any of their employees. The hospital can be held liable if a physician hired by them, does not hold the proper credentials, and in turn, causes harm or injury to a patient. They could also be held vicariously liable if an employee, performing duties within the scope of their employment, causes harm or injury to an individual. In this case, not only could the hospital be liable, but also the professional who caused the damages.
- Pharmaceutical Companies: A pharmaceutical company can be held liable for damages if their medication has caused you harm. If a drug company has not been forthcoming with proper warnings or side effects, they can be held directly liable for injuries sustained by you or a loved one. If a prescribing physician has been informed by the pharmaceutical manufacturer of all of the side effects, and the doctor does not disclose this information to a patient, the doctor as well as the pharmaceutical company can be held liable.
Damages Awarded in Medical Malpractice Claims
Victims of medical malpractice are able to be awarded damages for items lost due to the harm or injuries you sustained. The two main types of damages awarded in medical malpractice claims are general damages and special damages. In rare occasions, you may be able to recover punitive damages.
- General damages: General damages are non-economic damages which are not easily calculated. Included in general damages are elements such as pain and suffering and loss of consortium. Computing a value for pain and suffering is not easily determined, but there are methods a skilled lawyer can use to estimate a fair and full amount of compensation.
- Special damages: Special damages are economic in nature and easier to assign a value, such as medical bills or lost wages due to the injuries inflicted upon you. Some of these damages can easily be computed, especially if detailed records have been kept regarding the amount of time you have missed from work and the income you should have earned. If you are self-employed, these damages are more difficult to calculate.
- Punitive damages: Punitive damages are only awarded in very rare circumstances. These damages are reserved for especially egregious behavior on behalf of the medical professional. It is used as a punishment and deterrent to further neglectful or reckless behavior.
How Can a Medical Malpractice Attorney Help You
Medical malpractice suits have many complex issues surrounding them. An experienced New Jersey team of attorneys who specialize in medical malpractice can help navigate the legal aspects of your case so you can focus on recovering and healing from your injuries. Our attorneys will fight for you using all our experience and tools to ensure you obtain the compensation due to you under the law. We follow a specific protocol when handling personal injury cases. These steps can include:
- Obtain statements from any involved medical professional
- Collect medical records prior to and after the injury occurred
- Discuss injuries sustained with other medical professionals and experts
- Get a full report on the injuries sustained and estimated recovery time
- Investigate the medical professional’s credentials and standings
- Obtain statements from any previous complainants
- Evaluate any and all settlement offers
- Prepare for trial, if a settlement is not reached
If you have sustained injuries from a doctor or medical professional, it is in your best interest to speak with a skilled and knowledgeable attorney as soon as possible. You should not discuss your case with anyone other than your attorney. Your attorney will handle all settlement negotiations on your behalf. Give Metro Law a call today to find out how we can help you.
The Personal Injury Attorneys at Metro Law
If a doctor or other medical professional has caused harm or injury to you or a loved one in New Jersey or New York, please contact one of our skilled and knowledgeable attorneys at Metro Law to protect your rights as a victim. We can evaluate your case, and discuss the options available to you regarding moving forward with your claim.
Our attorneys at Metro Law have decades of personal injury law experience successfully representing injured victims in Newark and throughout the state of New Jersey to recover damages for their medical malpractice and personal injury lawsuits. We have experience and resources needed to build a solid case on your behalf. We will apply all of our knowledge to your case to ensure that you get the compensation you deserve for the injuries you sustained. We have successfully represented countless injured residents of New Jersey and New York who have been harmed due to the negligent or reckless acts of a medical professional.
Contact our office today at 1-800-469-6476 to schedule a no-cost consultation with one of our medical malpractice attorneys.
91 Pacific St, Newark, NJ 07175