While there are many different types of medical negligence, doctor error
does not always equate to medical malpractice. When a doctor acts carelessly
or is negligent in his or her duties, and you experience pain and suffering
as a result, then you may have grounds to pursue legal action against
that doctor. Failing to diagnose or misdiagnosing a serious illness, prescribing
or administering the wrong medication, performing unnecessary surgery
or making surgical errors, causing a birth injury and delaying necessary
treatment are all examples of medical negligence. Before you can file
a lawsuit or claim seeking damages, you must first prove your doctor acted
negligently. To do this you will need to provide conclusive evidence to show:
- A doctor-patient relationship existed. Obtaining medical advice from a
doctor online in a chat room does not mean there is a doctor-patient relationship.
As long as you are under the professional care of a doctor and that doctor
is being paid for treating you, then a doctor-patient relationship exists.
- Your doctor was negligent in his or her duties. When you go to a doctor
or specialist seeking medical attention, you expect that doctor to have
the knowledge and skills necessary to provide you with a certain standard
of treatment. If your doctor failed to provide the same level of care
that a competent doctor, under the exact same circumstances, would have
provided then he or she was negligent. Expert witnesses and medical professionals
in the same field are often used to prove negligence in these types of cases.
- Your injuries were caused as a direct result of your doctor's negligence.
Proving this direct connection is not always a simple task. People generally
do to the doctor when they have already contracted an illness, sustained
an injury or are otherwise in need of medical care. To prove negligence,
it will be necessary to show it is "more likely than not" your
doctor's actions were directly responsible for causing you serious
injury or harm. Medical experts can be called in to testify to this being the case.
As long as clear evidence is provided to show that your doctor acted negligently
then you will be able to pursue financial remuneration for expenses relating
to the physical pain you were caused, the mental or emotional anguish
you had to endure, any additional medical expenses incurred and any loss
of income you experienced.
If you sustained injuries that you believe were caused as a result of your
doctor acting negligently, a Bergen County personal injury lawyer from
our law firm can help you prove your claims. Our lawyers have years of
experience representing accident victims and providing legal assistance
to those injured as a result of another person's negligence. We are
steadfast advocates for victims' rights and we do not back down in
the face of adversity, even when going up against large medical corporations
or their insurance companies. Our long record of success, along with the
substantial settlements and judgments we have won on behalf of our clients,
is a clear indication of our dedication.
Call Brandon J. Broderick, Attorney at Law today to find out what we can do to help you substantiate your claims of doctor