When we fall sick or suffer an injury, we turn to healthcare providers such as doctors, nurses, and other healthcare professionals to help us improve or maintain our health. Sadly, when receiving treatment from a healthcare professional, they may make critical mistakes that cause serious harm, burdening you with devastating losses. When this is the case, you may feel overwhelmed as you are unsure how to proceed and whether you can file a medical malpractice lawsuit to seek compensation for your damages. If you were injured while receiving treatment from a healthcare professional, please continue reading and contact a skilled Morris County Medical Malpractice Attorney to discover how we can help you understand your legal options and secure the fair compensation you deserve.
What to know about filing a medical malpractice lawsuit against a healthcare provider in New Jersey?
If a patient suffers harm due to a mistake or error made by a healthcare professional, such as aggravating an existing medical condition or causing a new injury or health problem, it will fall under the category of medical malpractice. Essentially, medical malpractice is when a healthcare professional deviates from the legal duty of care and commits a negligent act that causes an injury, illness, or death to a patient. The most common types of mistakes that healthcare professionals make that make result in a medical malpractice claim include but are not limited to the following:
- Failure to diagnose an illness or injury
- Surgical error
- An improper course of treatment was used to treat your illness or injury
- Failure to warn about known risks of a procedure or course of treatment
- Birth trauma
- Anesthesia errors
- Medication errors
- Wrongful death
Fortunately, if your healthcare provider has made an error that has harmed you, you can file a medical malpractice lawsuit to seek monetary compensation for your devastating losses. However, before you can collect any compensation for your injuries, you will require the assistance of an experienced attorney who can help you satisfy the burden of proof. You must demonstrate to the court that the healthcare professional’s negligence directly caused your injuries. This is often a challenging task as it requires significant evidence. Nevertheless, to fulfill the burden of proof, you must establish the following:
- The healthcare professional owed you a legal duty of care. This means that there was an established doctor-patient relationship.
- The healthcare professional breached their duty of care by diverging from the traditionally accepted line of treatment.
- The healthcare professional breached the duty of care, which directly caused your injuries and damages.
If you decide to pursue legal action against a healthcare professional for malpractice, you need a determined Morris County medical malpractice attorney to help you hold responsible parties accountable for their negligence. Our firm is committed to helping our clients fight for the rightful compensation they are entitled to.