Three Questions About Medical Malpractice
Question 1 – What is medical malpractice?
The definition of medical malpractice actually changes from state to state. In New Jersey, when a health care professional or institution violates the standard of care which causes injury to the patient it is considered medical negligence. Standard care is considered acceptable practices used in all medical procedures in the state. In order to prove that you sustained an injury due to negligence, you need to prove that your doctor or the hospital was the direct cause of your injury.
Question 2 – What the major factors are taken into consideration for a malpractice case?
There are many factors that go into a case. But generally, these are three major factors to establish proof:
- The doctor failed to diagnose or misdiagnosed a condition – This means the doctor had missed a previous diagnosis which, if caught earlier, it would have changed the outcome. For instance, you visit the doctor after having powerful migraines. He believes the cause is just a simple migraine. A month later, it is discovered that you have a brain tumor and, if caught earlier, it could have been treated.
- The doctor failed to follow the proper medical treatment – If your doctor decided not to treat you in an accepted method that other medical professionals use or he uses the correct procedure but is incompetent, then you have a claim.
- The doctor failed to warn the patient of any known risks to a procedure or a medication – Let’s say you’re having elective surgery. Before you go under, you should receive some instructions from the doctor about what will happen while you are under, what could happen after the surgery and the risks involved in going through the surgery. However, your doctor failed to tell you anything about your surgery. If something happens to you during or after the surgery, you have a case.
Question 3 – How long will my case take?
There is no quick fix when it comes to any case, including medical malpractice. It could be settled in a matter of months. Or, if you go to trial, medical malpractice cases could last for years. The thing to remember when pursuing a case is that you must have proof that medical malpractice took place and was the cause of your or your loved one’s injury.
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