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New Jersey Medical Malpractice Lawyer
When we feel ill, are injured, or just want to make sure our health is good, we go to a doctor for care. We place our trust in these medical care providers because of the high levels of standards doctors are supposed to uphold when caring for their patients.
Most of the time, our needs are met by these professionals. We are given quality care, and the doctor takes the time to evaluate our conditions, request any necessary tests, and prescribes a course of treatment for our ailments.
Most of the time.
There are times when those high standards are not met, and because of this negligence, you are injured.
If you or your loved one has been injured as a result of the medical care you received, you are encouraged to speak with a New Jersey medical malpractice lawyer about your claim.
Call 856.284.6446 and speak with one of the compassionate and knowledgeable attorneys at Rosengard Law Group.
Medical malpractice is not as unusual in New Jersey as you may think
Results from a recent study conducted by Johns Hopkins about the leading causes of death in the United States were absolutely terrifying.
The THIRD leading cause of Death in the United States comes from medical errors.
Medical malpractice causes more deaths each year than many forms of cancer, influenza, and other diseases.
And this study does not even count the injuries caused by medical malpractice. It only addresses the deaths.
Injuries caused by medical malpractice can change your entire life. You can face large medical bills, have lost wages, or be unable to return to work, and you will endure both physical and emotional trauma.
If you believe that you have been injured by the medical care that you have received, contact a New Jersey medical malpractice lawyer about your claim. By speaking with an attorney, you will find out your rights to medical malpractice claims for your losses.
The attorneys at Rosengard Law Group are always available to provide you with a FREE case evaluation. We have the knowledge and experience you need to secure the maximum compensation for your losses.
What is medical malpractice?
Every medical condition has a standard of care that is accepted by the medical community. This means that there are specific protocols medical professionals must follow.
When this standard of care is deviated from and the patient is injured as a result, medical malpractice may have occurred.
An example would be a broken arm. If you go to the ER because you believe that your arm was broken, you expect that the doctor will physically examine your arm, take x-rays, set the bone if necessary, apply a cast or similar stabilizing device and prescribe pain medication. This is the normal standard of care for this type of injury.
However, if the doctor treating the broken arm takes a much different approach, and your arm is further injured because of this, malpractice has occurred.
If you believe that you have been harmed by the treatments you have received from your medical care provider, contact our New Jersey medical malpractice attorneys about your claim.
What are some common examples of medical malpractice?
Medical conditions and treatments are different for each person. Because of this, medical malpractice can happen in many different ways. Rosengard Law Group has found through experience that there are some ways that medical malpractice happens more often than others.
Misdiagnosis or delayed diagnosis
Part of the training you receive when becoming a doctor is knowing how to diagnose an illness or personal injury. Doctors must go to great lengths to diagnose their patients so that the right treatments can be rendered.
When a doctor fails to provide a timely diagnosis or provides an inaccurate diagnosis, a patient can be harmed.
If you believed that you were harmed by a misdiagnosis or a delayed diagnosis, you will have to show that the medical care provider:
- Failed to listen to you about your medical condition and symptoms
- Failed to seek testing or provide treatments based on their observations
- Failed to review your medical history, including that of your immediate family member
- Failed to order test or ordered incorrect testing
- Interpreted test results inaccurately
Delayed treatment of a medical condition can cause serious harm to the patient. It may cause the condition to worsen, bring about additional symptoms, or even lead to death.
If you or your loved one has been harmed by misdiagnosis or a delayed diagnosis, contact our NJ medical malpractice lawyers. We understand how devastating this is and how this has impacted your life. Our lawyers are ready to fight for your rights and secure maximum compensation for your losses.
Doctors are often overscheduled. In an effort to see as many patients as possible in one day, they will schedule several people in the same time slot. Sadly, this leads to a considerable short time that they spend with each patient.
Because of time constraints, many doctors quickly glance at the medical notes on the chart posted by the nurse and make their diagnosis of the patient before they even walk into the exam room. This can be harmful to the patient.
Something as serious as cancer can be overlooked if the doctor does not take the time to talk with the patient and perform an exam. All patients deserve to receive a high standard of care.
Over or under treating a medical condition
Sometimes a headache is just that – a headache. Sometimes a headache is a symptom of something much more serious. It is the obligation of the doctor to perform the necessary exam and tests to make this determination and provide the appropriate care for the condition.
Surgical errors can cover many different things that happen related to surgery. It can be something as serious as having an instrument left inside of the surgical area – can you imagine? – to mistakes that occur with the medical procedure.
Every patient has the right to receive quality medical care. No medical professional that you place your trust in should violate that trust by providing inadequate or negligent care.
If you believe that you have been harmed as a result of a surgical procedure, it is essential that you speak with a New Jersey medical malpractice attorney.
If you have been harmed from the medical care you received, you deserve compensation.
Contact the Rosengard Law Group for a FREE consultation. Our compassionate attorneys will review your case and fight for maximum compensation.
The care that a patient receives after their surgical procedure is just as important as the surgery itself. A successful operation includes after-care that is infection-free.
Preventing infections at the surgical site or anywhere else in the body after a surgical procedure is an obligation of the surgeon and the hospital or surgical center. Poor after-care can lead to different types of infections such as:
- Tissue Necrosis (Tissue Death)
- Staph Infections at Surgical Site
- Blood Infections
Post-operative care also includes ensuring that the patient does not suffer with any of the following conditions:
- Blood Clots or Embolisms
- Internal Bleeding
- Bed Sores
Administering anesthesia is a very specialized area of medicine. The person who is administering the anesthesia has undergone special training and understands the intricacies of mixing the right medications to achieve the desired effect.
When an anesthesiologist makes a mistake, a patient could wake up during a procedure or be over medicated and have a hard time waking up after it is complete. There is also a chance for reactions to the medication if the patient’s medical history has not been examined. All of these issues can lead to serious harm to the patient.
New Jersey has many laws and regulations in place for hospitals to follow if they wish to provide services in the state. Additionally, there are federal regulations that must be met if a hospital is to receive accreditation.
Sometimes these high standards are not met, and a patient is injured.
When a hospital fails to follow the guidelines and standards set for them, a patient can be harmed. It has been our experience that some of the more common forms of hospital malpractice include:
- Delayed treatment in the Emergency Room
- Failure to diagnose, keep room, instruments, or other items sanitized which leads to patient infection
- Cross contamination of patients due to failure to wash hands between patients
- Medication errors
- Equipment failure or errors
- Staff that has not been properly trained
- Staff shortages
- Administrative errors
Emergency room errors
If you have ever been to the ER, you know that it can be very chaotic. People do not go to the emergency room unless they believe it is an emergency. So, everyone there is seeking immediate medical help, and this can lead to the staff being overwhelmed.
ER doctors, nurses, and related staff put in very long hours. Many of these professionals put in over 12 hours per shift. The ER is also known for being understaffed. All of these issues can lead to a patient being seriously harmed.
Misdiagnosis is the leading cause of harm to a patient in the emergency room. A misdiagnosis can lead to a patient being further harmed by their condition, developing additional problems from that condition, or even death.
These dedicated professionals work at a very fast pace and sometimes have limited resources available to them because of the nature of the emergency. While we understand the difficulties that every ER personnel faces, it is still imperative that the patients receive the standard of care necessary to prevent them from being harmed.
Birth injuries to infant and mother
Birth injuries to the infant or to the mother are always serious.
An injury to a newborn could result in life-long disabilities, pain and suffering, and the need for extensive medical care. Injuries to the mother during delivery can lead to pain and discomfort, internal bleeding, infertility, or even death.
Birth injuries can be attributed to many things. The most common reasons that birth injuries occur include:
- Failure to use a c-section in a timely manner
- Unrecognized fetal distress
- Improper use of forceps or vacuum
- Delaying delivery
- Not having the right medical professional in the delivery room at the time of birth
Other issues can also occur that lead to harm to the infant or mother.
If you believe that you or your infant has been harmed during the delivery process, you will benefit from calling the Rosengard Law Group.
Our compassionate attorneys understand the devastation that a birth injury can cause a family.
We will aggressively represent your claim so that you receive the maximum compensation for these sustained injuries.
Medication and pharmacy errors
Dispensing the wrong medication to a patient can lead to significant harm or even death.
It is the obligation of the medical care provider or hospital dispensing medications to ensure that the right medication and right dosage amount is given to the patient. Furthermore, it is essential that the medical care provider make sure that any medication given to the patient will not interact with other medications being taken or affect any known allergies.
Pharmacies also have obligations to the patient. A pharmacy must make sure that any medication that they dispense is exactly what was ordered. All instructions posted on the label must match the directions given by the prescribing physician.
Pharmacies that mix their own medications on site also have obligations to their patients. These specialty pharmacies must make sure that the end product is the exact dosages that were prescribed and that there is a uniformity in all doses. Additionally, these pharmacies must make sure that the mixed medications always remain in a sterile environment.
Dentistry and chiropractic errors
Dentists and chiropractors are held to the same Standard of Care requirements as other medical care providers.
Failure to provide care that meets medical standards in these two medical settings can lead to harm to the patient. If you believe you have been harmed by your dentist or chiropractor, speak with a medical malpractice lawyer in New Jersey about your claim.
All medical professionals can be held liable for a malpractice claim
Malpractice can happen by any medical professional that provides direct treatment to the patient. This includes doctors, nurses, nurse practitioners, physician assistants, and various hospital or care center staff.
If you have been injured by any medical care professional during the course of your treatment, you may be a victim of medical malpractice.
The four requirements of a new jersey medical malpractice case
To determine if you have a New Jersey medical malpractice case, your attorney must be able to meet the following four criteria.
Establish duty of care
The first thing that the attorney must show is that the medical professional that you named as the person responsible for your injury had a Duty of Care to you.
If you sought out medical care from that professional and they agreed to treat your condition, Duty of Care is automatically established. By agreeing to provide you with medical care, they assumed that duty to your well-being.
Breach of duty
A breach of Duty occurs when a doctor fails to provide you with an acceptable standard of care for your medical condition. This failure in care has led to you being injured.
Cause of injury
Through the use of medical records and expert information, your attorney will have to show that the actions taken by the doctor were the direct cause of your injury and that the injury would not have occurred otherwise had the doctor provided the right care.
Injury caused damages
The final thing that your attorney will have to show is that the injury has led to you suffering & economic damages. This can be the cost of medical care to fix the injury, lost income, and the physical harm and suffering you endured as a result of the injury.
Once our attorneys can show all four of these facts, they will negotiate with the insurance company for a settlement on your behalf.
How much does a new jersey medical malpractice lawyer cost?
Rosengard Law Group works on a contingency basis. This means that there are never any upfront legal fees. We only take a percentage of your compensation when we win your case.
Who can i sue for medical malpractice in new jersey?
New Jersey state law allows you to sue any medical practitioner that caused you harm. This list includes, but is not limited to:
- Nurse Practitioners and Physicians Assistants
- Physical Therapists
Virtually anyone that has direct contact with you as a patient and is part of your medical care.
Speak with a medical malpractice lawyer NJ about your case for FREE
The results of medical malpractice can be devastating to the patient. These injuries could have a life-long impact.
It is only right that the negligent party takes responsibility for the harm they caused the patient.
If you have been injured by a medical professional, speak with one of the medical malpractice attorneys at Rosengard Law Firm today.
Call for a FREE Consultation. There are no obligations, and you can have many of your questions answered in one call.