Personal Injury Blog

When Should I Contact a Medical Malpractice Attorney?

April 7, 2020 By Cerussi and Gunn P.C. Legal Team

Many different professionals in the health care field could be guilty of medical malpractice. A doctor, surgeon, nurse, physician’s assistant or any other type of practitioner may fall short of the expected standards of patient care and cause serious patient injuries. You might be the victim of medical malpractice if your health care provider failed to provide the appropriate level of care, resulting in injuries or illness. If so, contact a Monmouth County medical malpractice attorney right away for help bringing a claim in New Jersey or New York.

A Misdiagnosis or Delayed Diagnosis

Diagnosis errors are common types of medical malpractice. Misdiagnosis refers to a physician incorrectly diagnosing an illness, injury or condition. Diagnosing a heart attack as heartburn is an example. Misdiagnosis could prevent the patient from receiving the treatment or care he or she needs. Delayed diagnosis is a correct diagnosis, but at a date later than a reasonable and prudent physician would have made it, which could worsen the patient’s outcome for recovery. Failure to diagnose means the physician sent the patient away without diagnosing an ailment at all.

If you visit a new doctor for a second opinion and discover that your first physician did something wrong, such as failed to recommend a specialist or misread your test results, you might have grounds for a medical malpractice claim based on a diagnosis mistake. Contact a Monmouth County failure to diagnose lawyer as soon as you realize you are the victim of misdiagnosis, delayed diagnosis or a failure to diagnose.

An Unexpected Surgical Complication

Although all surgeries have potential complications, surgeons should do their best to minimize risks for the patient. If you or a loved one has serious injuries from an unexpected complication during surgery, such as a nicked artery or damaged nerve, contact a lawyer about a potential malpractice suit. Someone might be guilty of malpractice for an anesthesia mistake, surgical error, failure to obtain informed consent or poor patient care.

The Diagnosis of a Birth Injury

Many birth injuries are preventable with due care during pregnancy, labor and delivery. If a doctor diagnoses your child with a birth injury such as a bone fracture, concussion, brachial plexus injury, cerebral palsy, facial paralysis or kernicterus, reach out to a medical malpractice attorney about a potential lawsuit right away. The physician or nurse might have done something wrong to cause or contribute to your child’s serious injury.

The Death of a Loved One in a Hospital

Many patient deaths each year are preventable with appropriate levels of patient care. If you recently lost a loved one while he or she was in a hospital, contact a lawyer for an investigation. An attorney may find signs of medical malpractice, such as negligent patient care, a preventable infection or a medication error. This may entitle your family to a wrongful death claim and related financial benefits to pay for losses such as pain and suffering, medical bills, and funeral and burial costs.

Immediately Upon Recognizing Medical Malpractice

Medical malpractice can take many forms. If you have an injury, infection or illness after an encounter with a medical practitioner in New Jersey or New York, contact an attorney for a consultation about a malpractice claim. Many lawyers offer free and confidential initial reviews so you can ask about your situation at no risk. If you find out you are the victim of medical malpractice, a lawyer can help you pursue fair compensation.

Do not wait to seek legal advice upon recognizing the potential signs of medical malpractice. New Jersey and New York have deadlines called statutes of limitations that limit how long you have to file a medical malpractice claim. In New Jersey, you have two years to start a lawsuit from the date of the malpractice. In New York, you have 2.5 years (30 months) to file. A number of exceptions may apply to your case, however. Always contact a Monmouth County personal injury lawyer as soon as you recognize medical malpractice to ensure you meet your deadline.