Proving a New Jersey Medical Malpractice Claim
Medical errors and medical negligence are not always certain to lead to a claim of medical malpractice. It is not enough to simply prove that a physician or hospital made an error or was negligent in order to successfully establish the basis for a medical malpractice claim in New Jersey. You also have to show that you suffered injuries and resulting damages in order to have grounds for a claim. Due to the complex nature of medical malpractice cases, it’s advised that all victims consult with a qualified medical malpractice lawyer in New Jersey to increase their chances of a successful claim.
Legal Elements of a New Jersey Medical Malpractice Case
In a majority of medical malpractice cases, there are four key legal elements that must be established in order to be successful in recovering lost compensation relating to medical negligence. These four elements include:
- Doctor-Patient Relationship. In order for a physician to owe a duty of care to you, a doctor-patient relationship must be present. This also applies to all cases of medical malpractice. In most cases, consent to treatment or other forms you sign during your initial visit or before undergoing treatment is sufficient to establish the relationship, which effectively establishes the duty of care.
- Violation of the Medical Standard of Care. The second key element is showing that the error or negligence was in violation of the standard of care in the medical community. The standard of care can vary depending on the circumstances of your case. A medical expert will be necessary to examine the medical records and determine what a reasonably trained health care provider in a similar field would have done under like circumstances. The medical expert has to also determine how the provider deviated from the accepted standard of care.
- The Breach of Care Resulted in Injury. Without any resulting injuries, negligence or errors may not meet the threshold of malpractice. You have to establish that the negligence or error directly resulted in or caused a physical injury that would have taken place had it not been for the breach of care of the hospital or doctor.
- The Injury Directly Led to Your Damages. When medical negligence or error resulted in injuries, the victim will also sustain other damages in a majority of cases. You may suffer financial damages, like the cost of medical treatments, personal care, or lost wages. Noneconomic damages, including physical pain, scarring, permanent disability, and emotional anguish, may also apply.
Evidence in a Medical Malpractice Case
In order to successfully prove that medical malpractice occurred, you need to provide evidence that shows each of the above legal elements of malpractice are present. Your lawyer will conduct an extensive investigation in order to gather evidence and strengthen your claim of medical malpractice. Some examples of evidence that can be potentially used in a medical malpractice case are:
- Copies of all documents from your medical files and records
- Reports and testimony provided by medical experts
- Depositions of the defendants, witnesses, and other relevant individuals
- Information gathered from medical resources, including studies, research, etc.
- Photographs and videos of your injuries
- Proof of any financial damages, such as receipts, bills, statements, and proof of income
Consult with a New Jersey Medical Malpractice Lawyer for Legal Aid
All unfortunate outcomes are not necessary instances of medical malpractice, but it is often advised to consult with a New Jersey medical malpractice lawyer in order to determine if you have suffered due to medical malpractice and if you have grounds for pursuing a claim. If you believe your health care provider caused you to suffer injuries, you should consult with a qualified New Jersey personal injury lawyer. Schedule a consultation with Brady Reilly & Cardoso, LLC today in order to discuss your legal options and pursue the compensation you deserve.
New Jersey Medical Malpractice
Medical malpractice would never happen in a perfect world, and health care providers would always provide us with the medical treatments necessary. Unfortunately, that is not the case. Statistics show that medical malpractice is the cause of nearly 120,000 fatalities each year. While this may be surprising, shockingly, fewer than 3% of malpractice victims ever pursue compensation for their injuries or other damages. That means many deserving victims never end up filing a medical malpractice claim.
The legal team at Brady Reilly & Cardoso, LLC believes that all victims of medical malpractice deserve to recover the compensation needed to cover their losses and damages resulting from an instance of medical malpractice. Medical negligence or medical errors can potentially lead to injuries and even completely devastate a patient, worsening their condition. Sometimes, malpractice can require that patients undergo further medical treatment.
