There are no guarantees with medical treatments, and doctors, nurses and medical staff are human.  But some mistakes are unreasonable, and cause harm to the patient.  If you believe your health care provider (doctor, nurse, technician, hospital staff) has failed to exercise a reasonable degree of expertise, if he or she was careless, or disregarded customary standards or procedure, and you have suffered damage as a result, you may have a medical malpractice ("med mal") claim. If you have a valid medical malpractice case, a jury can award you monetary compensation.

A medical malpractice claim exists where it can be proven that a negligent act or omission (failure to act) by a health care professional causes harm to the patient. That negligent act or omission occurred where the health care professional had a duty to maintain a standard of care for that patient. There are many different reasons to bring a malpractice claim, including an error in diagnosis or treatment, delayed diagnosis, failure to follow generally accepted standards of practice, improper care of hospital staff such as medication problems, sanitation problems or nursing care. The legal claims include negligence, negligent prescription of medication or medical devices, failure to obtain informed consent to the professionally accepted standards in New Jersey, and on rare occasions, breach of warranty or contract.  

Here are just a few examples of injuries or malpractice claims:
·    Failure to Diagnose a tumor on an x-ray, or a condition in time to treat
·    Prescribing incorrect medication or dosage
·    Incorrect Diagnosis resulting in a failure to treat
·    Failure to refer a case to a specialist
·    Anesthesia related mistakes
·    Emergency Room mistakes
·    Brain Injuries
·    Puncture of a nearby organ or tissue during surgery
·    Birth Injuries and Obstetric Malpractice, including shoulder dystocia, infant brain damage, pre-eclampsia or eclampsia

It is crucial that you act fast if you think you may be the victim of medical malpractice.  There are statutes of limitation or legal deadlines for filing claims for some injuries.  Remember that an unsuccessful result of a treatment or procedure does not mean malpractice was committed. And although legally, you can sue for minor injuries, the time and money required to pursue medical malpractice cases may outweigh the potential benefit.  Therefore, it is essential to consult a skilled, experienced attorney who can discuss the facts surrounding your particular experience, and help determine the potential merit of your case.

Contact our office immediately, online or by phone at 732-229-3200 to schedule a free consultation and find out more about your case.