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
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 40 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 973-455-1567.
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 973-455-1567 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.