Because the average person only has a general understanding of the law, most people would not be able to tell you the legal definition of what medical malpractice is. But despite this fact, most people could probably tell you when medical malpractice has occurred. That’s because everyone has high expectations for doctors, hospitals and nurses. When they fail to meet our standards and do so in what we might consider a negligent way, then one could argue that medical malpractice has occurred.
But is this really all there is to identify a medical malpractice case, you may ask? The answer is no. There are several elements that must be present in order to effectively argue that a medical professional or institution is guilty of medical malpractice. Today, we’re going to look at these factors to help you determine whether or not you have a claim for compensation because of medical malpractice.
The main element that must be proven in a medical malpractice case is negligence. As you may or may not know, negligence comes in many forms including, but not limited to: diagnostic errors, surgical mistakes or mismanagement of a treatment. Generally speaking, if a health care professional or facility deviates from the standard of care of the health care industry, then they are considered to have been negligent in their duties and could be liable for any injuries this causes.
So how do you know you have a medical malpractice claim, you may ask? If you suffered injury as a direct result of a medical mistake or if a family member died as a result of a doctor or hospital’s error, then you may have grounds for a personal injury claim and may be entitled to compensation.
It’s important to point out to our readers here in New Jersey that our state does have a statute of limitations on medical malpractice cases. This means that injured patients or grieving family members have a window of time in which they can take civil action against the negligent party. After this window of time has expired, the plaintiff loses the right to seek compensation.
To find out if you have a case, talk to a skilled personal injury attorney near you and get the representation you need to get the compensation you deserve.
Source: FindLaw, “Medical Malpractice In-Depth,” Accessed May 14, 2015