Do I Have a Medical Malpractice Claim?

Posted By Brandon J. Broderick, Attorney at Law

5 Nov. 2015

When we see emergency care physicians, our primary care doctor, or a specialist, we expect to receive quality care and a proper diagnoses. Unfortunately though, the medical profession is anything but perfect and errors happen all the time, even at the finest hospitals.

From chaotic emergency departments to exhausted and overworked surgical teams, to nurses pulling double shifts and doctors who don't take the time to listen to patients' concerns, medical professionals are human and sometimes their mistakes lead to patient injuries. When that happens it's called medical malpractice.

What is medical malpractice? It's when a medical professional's negligence or medical mistake causes harm to a patient. Medical malpractice isn't limited to something as obvious as cutting the wrong organ during surgery, it can mean many things, including:

  • A wrong diagnosis
  • A delayed diagnosis
  • A surgical error
  • Leaving something behind after surgery
  • Operating on the wrong side or the wrong organ
  • Surgery on the wrong patient
  • Too much or too little anesthesia
  • Providing incorrect treatment
  • Failing to warn a patient about known risks
  • Causing nerve or organ damage during surgery

Elements of a Medical Malpractice Claim

If you believe that you were a victim of medical malpractice, you're going to need to prove the following: 1) there was a doctor-patient relationship, 2) the doctor was negligent in some way, 3) the doctor's negligence was the direct cause of your injuries, and 4) the injury caused you to suffer specific damages.

Examples of "specific damages" could be physical pain, mental anguish, additional medical bills, lost work, and a lost earning capacity.

If you believe that you have a medical malpractice claim, please know that it must be filed within New Jersey's statute of limitations, which is two years from the date the harm was inflicted. However, in some cases the limit is two years from the date of discovering the harm was a result of medical malpractice.

Looking for a Bergen County medical malpractice attorney? Contact Brandon J. Broderick, Attorney at Law to schedule an initial consultation!

Categories: Medical Malpractice
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