What constitutes medical malpractice?
If a medical facility, a physician or any other medical attendant fails to perform their tasks competently and the result is injury or harm to the patient, the patient has every right to engage a medical malpractice lawyer in Jersey City NJ and sue for medical malpractice. The rules that apply between jurisdictions do vary but there are certain general rules, laws and principals that apply regardless. The following is but a brief overview of the law as well as a few special cases which may be applicable.
The basic requirements:
Before you and your medical malpractice lawyer in Jersey City NJ can proceed with a law suit there are a number of things which must be proven:
* It must be established that there was a definitive relationship between you as the patient and the doctor. You must prove that that you hired the medical professional and he or she agreed to treat you.
* It is not good enough that you were unhappy with the treatment you received or the outcome of the treatment, this in itself does not constitute negligence. For you to be able to successfully sue you have to prove that the doctor harmed you in a way that any competent doctor, under the same set of circumstances, would not have. The doctor does not have to be the best at what he or she does; the doctor must however be reasonably skillful and must exercise caution. It is this requirement that in most cases is at the heart of the lawsuit.
* As it is normal to seek medical care and attention when you are sick or injured you must prove that the harm you suffered was caused by the doctor and was not associated with your pre-existing condition.
* The doctor may very well have performed well below the anticipated and expected standard but if there are no injuries then there cannot be a legal action. However, if there were injuries then you can sue.
The types of medical malpractice:
There are many situations that can lead to a medical malpractice claim. If the doctor fails to advise a patient that a drug he is about to prescribe might cause kidney failure for example or if the doctor leaves a surgical instrument in the patient these are perfectly valid reasons to consider legal action. The majority of claims fall under the following categories:
* If a competent physician would have made a diagnosis which would have led to a superior outcome than the one achieved then a claim may be worth pursuing.
* If the offending doctor treats the patient differently than a competent doctor would have under the same circumstances a claim can be pursued.
* It is the doctor’s duty to advise patients of any known risks associated with a treatment or procedure. If the patient, having been advised of the risks decides not to pursue the treatment but the doctor proceeds anyway, the doctor may be liable.
Medical malpractice law is extremely complex and hard to prove, so advice from a medical malpractice lawyer in Jersey City NJ is mandatory.
If you believe you have been harmed as a result of incompetent medical care and attention then you are advised to consult with a medical malpractice lawyer in Jersey City NJ. You are invited to discuss your case with the Law Offices of Bagolie Friedman.