Medical malpractice disputes can scare away many plaintiffs, even if they have an actionable claim for damages. Healthcare providers and their insurance companies are often aggressive defendants in litigation - they benefit from a baseline level of public trust and are further incentivized to “bully” legitimate plaintiffs into dropping the lawsuit. If you successfully litigate your claim against a healthcare provider, then that might open the door to other plaintiffs who found themselves harmed under similar circumstances.
It’s important not to retreat from litigation if you have an actionable medical malpractice claim. New Jersey law is on your side, and with the aid of an experienced attorney, you can bring a successful lawsuit against the defendant. Curious about your claims? Contact us at Folkman Law to speak to a qualified Cherry Hill medical malpractice lawyer for guidance.
Basics of Medical Malpractice
In New Jersey, an injured plaintiff will have an actionable medical malpractice claim against their healthcare provider (i.e., doctor or nurse, or even the clinic/hospital employer) if they can show that:
- the healthcare provider owed a duty of care to the plaintiff;
- the healthcare provider violated the standard of care under the circumstances; and
- in violating the standard of care, the healthcare provider caused the plaintiff to suffer injuries.
The “standard of care” for a given medical scenario varies depending on a number of different factors — the nature of the illness, the experience of the doctor or nurse providing care, the resources available to the healthcare provider, and more. For example, the standard of care for diagnosing a straightforward illness will likely be stricter than for diagnosing a rare and poorly understood illness.
When your doctor or nurse makes a mistake or acts in a manner that violates the standard of care, then they have engaged in medical negligence and could potentially be held liable for medical malpractice.
Common Incidences of Doctor and Nursing Negligence
Doctors and nurses share some responsibilities in the healthcare context, though their responsibilities may also significantly diverge at various points. In any case, doctor or nurse negligence may include, but is not necessarily limited, to the following:
- Using unhygienic tools or otherwise putting the patient in an environment that unreasonably exposes them to a risk of a hospital-acquired infection
- Failure to safely perform diagnostic tests
- Failure to safely perform basic medical procedures (i.e., improper catheter use)
- Surgical errors
- Emergency room errors
- Failure to obtain informed consent
- Medication errors (i.e., giving a prescription for an unsafe cocktail of drugs)
- Delayed diagnosis
- Inadequate post-care instructions
- And more
Contact Folkman Law for a Free and Confidential Consultation
At Folkman Law, our team of attorneys boasts decades of experience advocating on behalf of those who have sustained injuries in a variety of medical malpractice situations, including those that involve the negligence of a doctor or nurse.
We have handled plaintiffs-side claims in matters involving amputations, misdiagnosis, and many other types of complex medical malpractice issues. The breadth and depth of our work in this practice area has earned us significant insight into how to successfully litigate such disputes.
If you’d like to schedule a free and confidential consultation with a skilled Cherry Hill medical malpractice lawyer, please call 856-354-9444 or contact us online.
At Folkman Law, we pride ourselves on our practical, results-oriented mindset. We have helped many of our clients achieve significant results through trial verdicts and negotiated settlements, so we encourage you to get in touch to learn more about our services.