Medical Malpractice
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The litmus test for a valid medical malpractice case involves three (3) distinct parts: Negligence on the part of the healthcare provider; injury to the patient; and a connection between the negligence and the resulting harm it caused. To put a finer point on it, a poor medical outcome is not to be confused with medical negligence. However, when a healthcare provider departs from accepted standards of care and that departure causes harm to his or her patient, the healthcare provider is medically negligent and is responsible for the harm you, or a loved one, have sustained.
Whether it is a hospital, doctor, nurse or other healthcare provider, their failure to act reasonably under the circumstances can cause devastating results. At O’Connor, Parsons, Lane & Noble, we have the experience and proven track record of success in getting just compensation for clients who have been harmed by medical negligence.
We are proven experts and trial attorneys in medical malpractice law,
including litigating for the following conditions.
Following is a list of medical conditions that may constitute grounds for a claim. Click on any one to learn more.
Hospital and Medical Professional Malpractice:
Birth Related Injury:
Surgical Errors:
- Anesthesia Injuries and Accidents
- Retained Foreign Bodies
- Inappropriate, Unnecessary or Wrong Surgical Procedure
- Intraoperative Surgical Errors (including injuring surrounding structures or organs)
(Note: the injury itself can be a recognized risk of the procedure, but the failure to recognize and diagnose the injury intraoperatively, and correct it, is negligence.)
Wrongful Birth:
Wrongful Death:
- Laboratory Mistakes and Errors
- Dangerous Drugs
- Nursing Home Malpractice
Failure to Diagnose:
- Failure to Diagnose Breast Cancer
- Failure to Diagnose Colon Cancer
- Failure to Diagnose Skin Cancer
- Failure to Diagnose Bladder Cancer
- Failure to Diagnose Cervical Cancer
- Failure to Diagnose Esophageal Cancer
- Failure to Diagnose Liver Cancer
- Failure to Diagnose Lung Cancer
- Failure to Diagnose Prostate Cancer
- Failure to Diagnose Uterine/Endometrial Cancer
- Failure to Diagnose Hemochromatosis
- Failure to Diagnose Wilson’s Disease
- Failure to Diagnose Ovarian Cancer
- Failure to Diagnose Pancreatic Cancer
- Failure to Diagnose Lymphoma
More information to determine if you have a case.
Medical malpractice exists when a doctor or healthcare provider acts negligently and causes harm to a patient. What this means is that they failed to act as a reasonable healthcare provider would have under similar circumstances. The additional component in this equation is to prove that the negligence caused harm. This is where medical malpractice legal expertise is vital.
To be honest, the idea of causation (one thing causing another) is more clear-cut in certain cases. If, for example, the doctor performed surgery on the wrong body part, causation is likely to be easier to prove. However, the great majority of cases are more complex, requiring a highly experienced medical malpractice trial attorney who can not only determine but also prove negligence and the resulting harm.
It is in your best interest to consult with a well-informed attorney who is familiar with the law, to discern what your next steps should be. As leading medical malpractice lawyers in New Jersey, we can quickly evaluate your situation and give you the essential answers to determine how best to proceed.
Make sure you have the absolute best legal representation.
Complex cases requiring intensive effort and preparation call for a legal team well-versed in the specifics of the law. Be vigilant about investigating a firm’s credentials. We’ve observed attorneys who seek out cases, claiming to have expertise in an area (such as medical malpractice), but in fact are not qualified to litigate for the plaintiff. It takes many years of expertise, experience and a familiarity with the law’s complexities to even know what questions to ask. If your legal representation has not mastered the letter of the law, or doesn’t have the extensive resources to investigate and prepare a case, you could settle for substantially less or even have your case thrown out. That should never happen.
What do you mean by “damages” in a medical malpractice case?
When an individual or family member has been harmed by medical malpractice, New Jersey law allows you to seek monetary damages or compensation. To decide whether you are eligible for this compensation, a medical malpractice lawyer will evaluate your potential claim. If you do indeed have a case that meets the parameters of New Jersey medical malpractice laws, you would be entitled to recovering monetary damages, which fall into two categories: economic losses and non-economic losses. Economic losses include past and future medical expenses including hospitals, doctors, nursing care, rehabilitation, physical and occupation therapy, and medications if required. Non-economic losses cover the areas of pain and suffering, disfigurement, emotional distress, embarrassment, and the loss of enjoyment of life.
In addition, another important area of economic damages is found in the value attributed to the loss of guidance, counsel, companionship and the like of a deceased loved one no longer able to provide these things. To explain, what is recoverable is not only the actual monies the decedent would have earned and contributed for the benefit of the survivors but also the reasonable value of the services, assistance, care, training, guidance, advise, counsel and companionship the survivors would have received from the decedent had he or she lived. Note that these are separate and distinct from emotional loss. The recoverable value is limited to the economic value of these services if provided by, for example, paid companions or home workers (or nurses and practical nurses) hired to care for the aged or infirm at home. Other services not able to be provided by the decedent could be advice and guidance that would have to be purchased from a business advisor, therapist or trained counselor. All of these are in the category of economic damages.
When it’s time to make some key decisions.
If you or a family member have suffered as a result of another’s actions or negligence, you may be understandably upset, and unsure what to do. Yet while the tsunami of decisions, medical bills and raw emotion consumes your time and attention, that is exactly when it’s in your best interest to learn your legal rights. We’ll explain the legal process and your recourse, how to protect your rights, and how best to proceed. As always, the sooner the better, as that can facilitate your recollection of facts and preserving key evidence.
We’ll work with you to remember and understand the sequence of events, what precipitated your situation, and what medical actions were taken (or not taken) to create the possibility of medical malpractice. In the case of catastrophic injury or worse, while financial recovery doesn’t equate to physical recovery, it is essential to recoup the aftermath of medical bills, care, pain and suffering, and more.
We urge you to get informed and learn about your options so that you’ll be empowered to make the best decisions for your loved one and your family.
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Office Location:
O'Connor, Parsons, Lane & Noble 435 East Broad Street Westfield, NJ 07090