Medical malpractice is a severe issue in New Jersey and across the country. John Hopkins Medicine estimates that medical errors are the third leading cause of death in the United States. Ten percent of all U.S. deaths result from a medical mistake. These statistics are jarring and highlight the importance of taking legal action when medical professionals fail to meet the expected standard of care. If you or a loved one suffered harm due to medical negligence or malpractice, don’t let the provider get away with it. Contact our experienced Jersey City medical malpractice attorneys to learn how we can help.
What Is Medical Malpractice?
Medical malpractice occurs when a healthcare provider, such as a doctor, nurse, or hospital, fails to provide a patient with the proper standard of care, and this substandard care harms or injures the patient. Common types of medical malpractice cases include misdiagnosis, surgical errors, medication errors, birth injuries, and hospital-acquired infections. Misdiagnosis is the most common type of medical malpractice, with an estimated 12 million Americans experiencing diagnostic errors every year.
Most Common Types of Medical Malpractice
Medical malpractice can occur in many ways and can affect patients of all ages and backgrounds. However, some types of medical malpractice are more common than others. Here are some of the most common types of medical malpractice:
- Misdiagnosis. Misdiagnosis occurs when a healthcare provider fails to properly diagnose your medical condition, leading to delayed or incorrect treatment.
- Surgical errors. Surgical errors can happen during any surgical procedure, from minor outpatient surgeries to complex multi-hour procedures. Examples include wrong-site surgery, leaving surgical instruments inside the patient’s body, and nerve damage.
- Medication errors. When a healthcare provider prescribes the wrong medication or dosage or fails to monitor the patient for potential side effects, a medication error might have occurred.
- Birth injury. Birth injuries can occur during pregnancy, labor, or delivery and affect both the mother and the baby. Examples include cerebral palsy, brachial plexus injuries, and brain damage.
- Infections. Hospital-acquired infections are infections a patient acquired while receiving treatment in a healthcare facility. These infections can be caused by bacteria, viruses, or other pathogens and can result in severe complications or even death.
- Anesthesia error. You’re at risk for an anesthesia error during any medical procedure that requires anesthesia. These errors can include administering too much or too little anesthesia and not monitoring vital signs.
It’s important to note that these are just a few examples of the most common types of medical malpractice. Your attorney can help you understand whether your injury was caused by medical malpractice.
Liability in Medical Malpractice Cases
When it comes to medical malpractice, multiple parties might be liable for harming you. Sometimes, the healthcare provider who directly caused your injury might be held responsible. However, there are also cases where hospitals, clinics, or other healthcare organizations might be held accountable for the negligence of their employees. Pharmaceutical companies might be liable for injuries caused by dangerous or defective drugs. Medical device manufacturers might be responsible for injuries caused by defective medical devices.
Proving Medical Negligence or Malpractice
Proving your injuries were caused by medical negligence or malpractice can be challenging. To succeed in a medical malpractice lawsuit, you must show the following:
- The healthcare provider owed you a legal duty to provide treatment that meets the relevant standard of care;
- They failed to meet the standard of care;
- The healthcare provider’s actions were the direct cause of your injuries; and
- You suffered damages.
Proving malpractice requires thoroughly investigating and analyzing medical records, getting expert witness testimony, and collecting other evidence.
Is Every Medical Mistake Malpractice?
It’s important to note that only some bad outcomes in a medical setting are caused by malpractice. Sometimes, medical procedures and treatments simply don’t work, or patients experience unexpected complications. To prove malpractice, your Jersey City medical malpractice lawyers must present evidence that your healthcare provider’s actions fell below the accepted standard of care.
Your attorney can achieve this by presenting expert witness testimony about what another doctor with similar experience and education would have done in the same situation. If another doctor would have reached the same conclusion or acted in the same way, it’s not malpractice. That’s why it’s crucial for your attorney to speak to qualified healthcare professionals to research whether you have a viable medical malpractice claim.
Damages in a Medical Malpractice Lawsuit
Victims of medical malpractice can be entitled to compensation for injuries and damages. Damages might include medical expenses, lost wages, pain and suffering, and other related losses. A skilled medical malpractice attorney in Jersey City, NJ, can help you assess your case, calculate your damages, and pursue the compensation you deserve.
The Jersey City medical malpractice attorneys at O’Connor, Parsons, Lane & Noble, LLC, have built a reputation for success when it comes to medical malpractice lawsuits. We’ve recovered hundreds of millions of dollars on behalf of our clients. Here are some of our firm’s recent New Jersey medical malpractice verdicts and settlements:
- $28,000,000 wrongful birth verdict against a healthcare provider who failed to disclose a catastrophic genetic defect in an infant, which is the largest wrongful birth verdict in New Jersey to date;
- $15,000,000 settlement for failure to perform necessary heart surgery, which resulted in cerebral palsy;
- $7,000,000 verdict for failure to perform appropriate diagnostic testing;
- $7,000,000 settlement for a delayed C-section, which resulted in a brain injury and cerebral palsy;
- $5,150,000 verdict for failure to treat a nosebleed, which resulted in a stroke; and
- $5,000,000 settlement for failure to detect or diagnose seizures, resulting in brain damage.
Please contact us to learn more about other medical malpractice cases we’ve successfully resolved.
How to Choose the Best Jersey City Medical Malpractice Attorneys?
Choosing someone with experience handling medical malpractice cases is vital when selecting a malpractice lawyer. Medical malpractice cases can be very complex. They often require a deep understanding of medical procedures, standards of care, and legal procedures. Procedurally, medical malpractice lawsuits might have specific rules and procedures that need to be followed.
Your case could be thrown out if you miss a deadline or fail to follow the rules, no matter how strong your case is. Fortunately, an experienced attorney can help you build a solid case for medical negligence and meet all the procedural requirements.