Medical negligence is the legal doctrine on which most medical malpractice claims in New Jersey center. It is a concept that holds medical professionals accountable for causing patient injuries or deaths through a breach of the standard of care. Learning how to identify medical negligence could help you know when to take legal action against a practitioner or facility in New Jersey for causing you or a loved one’s injuries. A Monmouth County medical malpractice attorney can help you determine whether you have grounds for a medical malpractice claim in New Jersey.
Medical negligence is the failure of a medical professional to meet the standards of care in the industry, often resulting in harm to a patient. Medical standards provide guidelines and requirements for all phases of patient care, from intake and diagnosis to treatment and release. All parties involved in a patient’s care, including a receptionist, physician’s assistant, physician, nurse and surgeon – as well as the health care center itself – must fulfill their duties according to the applicable medical standards. Failure to do so could lead to civil liability for a patient’s related damages.
Negligence is a common legal theory across all types of personal injury claims in New Jersey. Injury-related civil cases often try to hold one or multiple parties accountable for another party’s injuries based on the belief that the defendant breached a duty of care and that without this breach, the victim’s injuries would not have happened. You might have a valid medical malpractice claim if you or your lawyer can prove the elements necessary to establish medical negligence.
These are the four main elements of proof necessary to bring a negligence-based claim against a health care provider in New Jersey. The medical standard of care is different than the standards of care in other industries. You may need a medical malpractice lawyer to help you understand a doctor’s duties of care to patients, as well as to determine if a physician committed negligence against you or a loved one. A lawyer can help you gather evidence to prove the elements of a malpractice claim, if applicable.
It is important to realize that proof of medical negligence will not always equal a medical malpractice lawsuit in New Jersey. Proof of negligence is just one component needed for a valid claim. Even if your lawyer can prove a health care practitioner’s negligence during your care, it will not be enough to obtain financial compensation unless you also have proof of a connection between the negligence and your injury. Speak to a Monmouth County personal injury attorney in New Jersey to find out if you have a medical malpractice claim today.