How do I know if I have a valid Medical Malpractice Claim?

Morristown Medical Malpractice Lawyers Determine Viability of a Claim

Serving Medical Malpractice Victims and Their Families Across Morris and Sussex County

 Morristown Medical Malpractice Lawyers Determine Viability of a Claim

There is often confusion surrounding what medical malpractice is and what constitutes a circumstance that would warrant making a medical malpractice claim. Many people make the mistake of assuming that if they are to undergo a medical procedure, or have to undergo an emergency surgery, and the result is less than ideal then the fault lies on the doctor, hospital or other medical staff. We place a lot of trust in healthcare professionals, and that trust should be met with a rigid set of policies and behaviors that doctors should adhere to. It is important to remember that some medical circumstances are not curable, and that the body is not a machine; it does not give us any guarantees. Medical doctors are highly trained and educated professionals, however they are not magicians.

Identifying Negligence and Determining Liability

With that being said there are particular circumstances where the doctor, hospital or other medical staff can be held liable for injuries caused while a patient is under their care. Medical malpractice is legally defined as a deviation from the standard of care that causes harm or when a hospital, doctor or other health care professional, through a negligent act or omission, causes an injury to a patient. This negligence may be the result of errors in diagnosis, treatment, and aftercare or health management.

At The Law Offices of Michael P. Burakoff, P.A., we have more than 25 years experience representing malpractice victims throughout New Jersey. That experience helps us recover full and fair compensation for our clients who have been the unfortunate victims of medical errors and malpractice in towns across Morris County and Sussex County, including Newton, Netcong, Dover, Denville, and Morristown. Please call us to know about your case and offer you our legal advice by calling (973)520-0525.

What Makes A Valid Medical Malpractice Claim in Sussex County NJ?

Doctors in some states are more likely to face a malpractice lawsuit than their equals in other states. According to data released by the National Practitioner Data Bank New Jersey ranks 7 in the nation. According to recent statistics, in New Jersey, the rate of malpractice suits per 100,000 residents is about 30.4% resulting in a total payout of $256.3 million, with a 4.59% increase from previous years.

Any valid medical malpractice claim must have the following characteristics:

A deviation from the standard of care

Medical standards that are recognized by profession as being acceptable medical treatment by reasonably prudent health care professionals under like or similar circumstances is known as the standard of care. Every patient has the legal right to expect that health care professionals will deliver care that is consistent with these standards. Negligence can be established if these standards of care have not been met.

The injury was caused by negligence

It is not sufficient that a health care professional simply violated the standard of care for a medical malpractice claim to be valid. It is also necessary to prove that an injury was suffered that would not have occurred in the absence of negligence.

The injury resulted in damages

It must be proven that significant damages resulted from a wound received due to medical negligence. To present a strong medical malpractice claim, it must be shown that the injury resulted in disability, loss of income, unusual pain, suffering or significant past and future medical bills.

Common Misconceptions About New Jersey Medical Malpractice Claims

Medical malpractice claims are often used as the scapegoat for many of our problems within the healthcare system. It is commonly believed that there are too many malpractice cases and that these malpractice cases are the cause of higher premiums and an alleged doctor shortage. This could not be further from the truth. These myths include the following assertions:

There are too many frivolous medical malpractice lawsuits.

A report by the American Association for Justice shows that in reality only 1 in 8 victims of medical malpractice file suit.

Medical malpractice lawsuits drive up healthcare costs.

This belief traces its origins to a 1980s, and early 1990s debunked study. Fact is, the total cost of defending against medical malpractice claims and the paying of settlements and verdicts comprises only 0.3 percent of healthcare spending according to the above mentioned study.

Doctors are leaving the profession in droves.

The reality is that being a doctor is still a very lucrative career and the number of doctors has been steadily increasing, even outpacing population growth.

Visit a Morristown and Newton Medical Malpractice and Hospital Negligence Attorney Today

When anyone is injured due to a doctor or hospital negligence, it is crucial that they receive the compensation they need and deserve. The effects and damages caused by medical mistakes can be life-altering and life-long. It is critical to have an experienced attorney at your side to fight for your rights and help you to get on the path toward being whole, or as whole as possible.

If you feel that you or someone you know may have a medical malpractice claim, it is critical to contact an experienced injury attorney. The Law Offices of Michael P. Burakoff, P.A. can become your best ally in the middle of your tough situation. Please call either our Morristown office or our Newton office today at (973)520-0525 or contact us online to discuss your individual needs, concerns, and the situation regarding any kind of medical malpractice in a free and confidential consultation.

 

Wrong Site or Wrong Patient Surgery More Common Than You ThinkMost of us expect a physician operating on the wrong body part or on the wrong person to be a very rare occurrence. In reality, wrong-site surgeries are shockingly more common than many think and this type of medical malpractice makes up more than its fair share of personal injury claims filed by patients who undergo surgery. A 2010 study reported by CNN found that wrong-patient or wrong-site procedures made up about 0.5 percent, or 1 in 200, of all medical mistakes studied nationwide. Furthermore, according to The New Jersey Department of Health, incorrect surgical procedures are a matter that should be taken very seriously by all doctors and patients involved or may be involved in any surgery.

At The Law Offices of Michael P. Burakoff, we have extensive experience recovering full and fair compensation for our clients of all ages who are the victims of medical malpractice in towns across Morris County and Sussex County, including Newton, Netcong, Dover, Denville, Parsippany, East Hanover, and Morristown. Please call either our Morristown office or our Newton office today at (973) 520-0525 to discuss your individual needs, concerns, and situation regarding any kind of personal injury or medical malpractice in a free and confidential consultation with our legal team.

Protecting Yourself Against Wrong-Site or Wrong-Patient Surgery Morristown Medical Malpractice Attorney

Many people find it difficult to understand the almost unimaginable damages that can occur when a doctor performs surgery at the wrong location on the body or subjects the wrong patient to surgery. However, it does occur. It is important to take some personal responsibility for our health and speak with our surgeon so that we feel safe and crystal clear about whatever medical procedure you may be undertaking.

We often place our total faith in doctors and their expertise when it comes to our health.  However, it is critical to speak with your surgeon before any procedure so that there is no doubt in your mind or the mind of the surgeon what surgical actions are necessary for our health. Moreover, you must be sure that your primary care physician has also spoken with the surgeon in order to be sure that there is absolutely no confusion about your operation.  Doing so will help to ease your anxiety and take the necessary steps under your control to ensure a successful procedure.

What Morris and Sussex County Surgeons Can Do To Protect Their Patients From Surgical Errors

In a recent report, PubMed.Gov discussed some of the very critical procedures that doctors and hospitals should implement to make sure wrong-site and wrong person surgeries do not occur:

  • Perform preoperative verification of all the patient’s records including the operative record, informed consent, test results, as well as the patient’s history and examination findings.
  • There should also be clear verification with patients themselves.
  • Surgeons should physically and clearly mark or initial the surgical site with a sterile magic marker before any procedure.
  • Nurses and supporting medical personnel in the operating room should be encouraged to speak up if they suspect that a mistake is being made.
  • In the case of spinal surgeries, the disc level should be confirmed by a review of the MRI film.

No one wants to be the victim of wrong-site or wrong patients surgical errors. And no one wants to be involved in a medical malpractice case. However, if you or someone you know are the victim of a wrong-site or wrong patient medical procure it is critical that you contact an experienced medical malpractice attorney in order to make sure your rights are protected.

Contact A Denville Medical Malpractice Attorney Today

Attorney Michael P. Burakoff and our law office have decades of experience at recovering full and fair compensation for our clients injured by medical malpactice across New Jersey, Morris County, and Sussex County, including communities such as East Hanover, Morristown, Parsippany, Denville, Dover, Netcong, Hopatcong, and Newton.

Our firm works closely not just with our clients, but their families as well. We have a complete understanding of how precarious a family’s situation can get as medical expenses mount. That’s why we focus on keeping our clients and their families informed and involved throughout the legal process as we work to secure them the compensation they need and deserve to make their lives whole again.

Please speak with Michael Burakoff and our legal team today in a free and confidential consultation regarding any type of medical malpractice and your options for making a successful financial recovery.  Contact us online, or through either our Newton office or our Morristown office at (973) 520-0525.

The Danger New Jersey Patients Face from Overworked DoctorsBeing a doctor comes with tremendous responsibility and extremely high levels of stress.  The decisions made by doctors can literally mean life or death. If you couple this high-stress role with the long hours it can often provide, we should be surprised that there are not more examples or instances of medical negligence for doctors who regularly perform surgeries in the US. Studies have clearly shown that overworked and fatigued doctors are less effective and far more likely to make grave mistakes that can lead to medical malpractice, personal injuries and in some cases the wrongful death of patients.

The Law Offices of Michael P. Burakoff, understands the damage that a medical mistake can cause and we have extensive experience recovering full and fair compensation for our clients of all ages who are the victims of medical malpractice or negligence in towns across Morris County and Sussex County, including Parsippany, Newton, Netcong, Dover, Denville, East Hanover, and Morristown. Call either our Morristown office or our Newton office today at (973) 520-0525 to discuss your individual needs, concerns, and situation regarding any kind of personal injury or medical malpractice in a free and confidential consultation with our legal team.

Over-worked Doctors Pose Serious Risk to Morris and Sussex County Patients

There are several studies that have shown that a majority of American doctors are often overwhelmed by their workload to the point of burnout. This can increase the risk of medical errors, according to researchers from Stanford University.

The study which was titled “Physician Burnout, Well-being, and Work Unit Safety Grades in Relationship to Reported Medical Errors” was published in the Mayo Clinic on July 9.

The survey was conducted of 6,700 doctors. Among them, more than half (55 percent) reported symptoms of burnout. The study also found that burned-out doctors were twice as likely to make errors in medical judgment, errors in diagnosing illness as well as technical mistakes during procedures.

Radiologist, neurosurgeons, and emergency room doctors had the highest rate of error while the lowest numbers were reported by pediatrics, psychiatrists, and anesthesiologists.

According to estimates from previous studies, these medical errors can be responsible for a shocking 100,000 to 200,000 deaths each year.

Protecting Yourself From Over-worked Physicians Morristown Medical Malpractice Attorney

Though we rightly trust our doctors and healthcare professionals to look after our health and well-being they are after all human. As patients it is up to us to hold primary care doctors, surgeons, nurses, hospitals and other health care professionals to the standard of care that we expect and deserve.  The New Jersey Department of Health recommends that you should:

  • Be provided with an understandable explanation from your physician of your complete medical condition including recommended treatment, expected results, risks and reasonable alternatives.
  • Give informed written consent prior to the start of specified, non-emergency medical procedures or treatments only after your physician has clearly explained specific details about the recommended procedure or treatment, the risks, time to recover as well as reasonable medical alternatives.
  • Receive appropriate assessment and treatment for pain in a timely manner.

Contact A Netcong Medical Malpractice Attorney Today

Attorney Michael P. Burakoff and our law office have decades of experience at recovering full and fair compensation for our clients injured by medical malpactice across New Jersey, Morris County, and Sussex County, including communities such as East Hanover, Morristown, Parsippany, Denville, Dover, Netcong, Hopatcong, and Newton.

Our firm prides itself on working closely not just with our clients, but their families as well. We focus on keeping our clients and their families informed and involved throughout the legal process as we work at securing them the compensation they need and deserve.

Please speak with Michael Burakoff and our legal team today in a free and confidential consultation regarding any type of medical malpractice and your options for making a successful financial recovery.  Contact us online, or through either our Newton office or our Morristown office at (973) 520-0525.

Free Consultation

To speak with one of our highly knowledgeable attorneys, contact us today at (973) 520-0525 or toll-free at (877)-830-8211.

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