Medical malpractice cases are among the most complex and challenging areas of personal injury law, particularly in New Jersey. These cases emerge when a healthcare professional deviates from the standard of care in their field, causing injury to a patient. In New Jersey, patients who have suffered due to medical negligence have the right to seek compensation.
Medical malpractice in New Jersey can include misdiagnosis, surgical errors, birth injuries, medication mistakes, failure to diagnose, or any action that falls below the accepted standard of medical care in New Jersey. Proving malpractice requires demonstrating that the healthcare provider’s negligence directly resulted in harm.
Proving Medical Malpractice
To successfully prove a medical malpractice case in New Jersey, the following elements must be established:
- A doctor-patient relationship existed, establishing a duty of care.
- The healthcare provider breached this duty by deviating from the standard of care.
- This breach directly caused the injury.
- The injury led to specific damages, such as pain, suffering, additional medical bills, or lost income.
Medical Malpractice Cases
Here’s what medical malpractice cases involve and how a New Jersey personal attorney can assist:
- A personal injury attorney will begin by evaluating your case to determine whether the harm you suffered meets the legal standard for malpractice.
- New Jersey Personal Injury Attorneys work with medical experts who can testify about the standard of care in your case and how it was breached.
- New Jersey Personal Injury Attorneys have the resources to conduct a detailed investigation, including reviewing medical records, interviewing witnesses, and gathering evidence.
- New Jersey law requires an Affidavit of Merit from an appropriately licensed expert to proceed with a malpractice claim. An attorney can ensure that this critical document is properly prepared and filed.
