Trenton Medical Malpractice Lawyers
Results-Focused Medical Malpractice Attorneys Advocate on Behalf of Clients Injured by Negligent Medical Care in Mercer County and Throughout New Jersey
Medical Malpractice cases are the cause of many serious injuries in New Jersey each year and are the third leading cause of death in the US. Any time a doctor or other medical professional fails to abide by their mandated standard of care, your life and livelihood are at risk. Many people injured by medical malpractice are often unable to regain their quality of life, return to work, or earn a living for themselves and their families.
If you or a loved one has been the victim of a doctor’s or other medical professional’s negligence, you need a skilled medical malpractice attorney that will passionately advocate on your behalf to get you the financial recovery you need. At Kalavruzos, Mumola, Hartman, Lento & Duff, LLC we are prepared to handle every aspect of your medical malpractice claim to ensure that your rights are fully protected and that you receive the justice you deserve after being harmed by negligent medical professionals. Contact our skilled Trenton Medical Malpractice Lawyers today for a free consultation.
Types of Medical Malpractice Cases in New Jersey
Medical malpractice happens when a healthcare professional breaches their duty of care to a patient, resulting in injury or death. When medical malpractice occurs, as it does frequently each year in New Jersey, the consequences can be devastating.
These are some of the most common types of medical malpractice in New Jersey:
- Surgical errors
- Misdiagnosis/failure to diagnose
- Birth injuries
- Medication errors
- Anesthesia errors
Successfully pursuing a medical malpractice claim requires significant resources. KMHL&D has the resources you need to successfully pursue your claim. We are willing to put these resources and our time to work for you to develop a persuasive case on your behalf.
Standard of Proof in a Medical Malpractice Case
In any medical malpractice case, no matter the exact area of malpractice, you are alleging that you were injured by a doctor or other medical practitioner who failed to competently fulfill their duties owed to you as the patient. To succeed in obtaining compensation for a medical malpractice claim you must prove four elements of negligence:
- Duty: One of the first things that must be established in a medical malpractice case is that the doctor owed a legal duty to the patient. It must be proven that a doctor-patient relationship existed between both parties in the case, and that the patient was directly treated by the doctor or other healthcare professional that caused their injuries. Secondly, the appropriate standard of care for the patient’s particular set of circumstances needs to be established; which will later be compared to the doctor’s alleged medical negligence. The standard of care is usually defined as the conduct that an ordinary, prudent healthcare professional of similar skill and training would have done under the same circumstances.
- Breach: Breach involves proof that a healthcare professional rendered medical treatment that fell below the applicable standard of care as defined above. However, just because a medical professional makes an error in a patient’s treatment, it does not necessarily mean that he or she committed medical malpractice. A doctor’s error amounts to malpractice only if his or her care can be deemed as negligent. Examples of medical negligence can be anything from a delayed diagnosis or misdiagnosis, to injuries caused by medication errors or failing to adhere to the proper medical procedures.
- Causation: Causation is established when it can be proven that a healthcare provider’s negligence caused a reasonably foreseeable injury to a patient. A successful medical malpractice claim requires an injured party to prove that his or her healthcare provider not only had a legal duty to provide them with an acceptable standard of care – which they deviated from – but that the deviation also caused significant harm.
- Damages: Lastly, an injured patient must prove that he or she suffered lasting consequences as a result of their injury in the form of ‘damages’. A patient injured by medical malpractice can recover monetary compensation for a wide variety of damages, from medical bills to the loss of future earnings or the enjoyment of life. If medical malpractice results in a patient’s death, the patient’s family can also recover damages.
Contact Our Experienced New Jersey Medical Malpractice Lawyers to Discuss Options Today
Medical Malpractice cases are complicated not only because of the standard of proof but because you will be fighting against powerful medical establishments and their equally powerful and influential insurance companies. Given the fact that many medical malpractice cases are pursued for large amounts in order to compensate victims for medical expenses and lost income, they are taken very seriously by the parties against whom you would bring suit.
If you or a loved one have been injured by a medical professional, you should contact the legal team at KMHL&D today and we will review the facts of your case to advise you on the best course of action.
Frequently Asked Questions About Medical Malpractice in New Jersey
Yes. The KMHL&D legal team has experience in all areas of medical malpractice and understands the nuances of how to build a successful claim. If you or a family member believe that you might have a medical malpractice claim in Mercer County, Burlington County, Somerset County, Middlesex County, and throughout New Jersey, please contact us today.
No. Doctors, surgeons, nurses, dentists, medical assistants, the hospitals themselves, and more can all be held liable for medical malpractice. Please contact KMHL&D today so we can review the exact facts of your medical malpractice case and help advise you of your legal rights.
No. While medical malpractice cases do tend to go to trial more often than general personal injury cases, over 90% of medical malpractice cases settle before going to trial. If you believe that you might have a medical malpractice claim, the legal team at KMHL&D is ready to review your case with you.