A New Jersey Personal Injury Attorney Discusses Medical Malpractice


When you receive treatment from a medical professional, you expect a high level of care. However, that doesn’t always happen, and it can lead to a medical malpractice suit.

What is Medical Malpractice?

This means a medical professional does or doesn’t do something that causes a patient harm. When this happens, it is known as medical negligence, and it can lead to a patient filing a medical malpractice suit.

What Does Medical Negligence Mean?

The medical professional’s mistake can occur at any time during a patient’s medical treatment, and standard of care is a large part of proving a malpractice case. This means your attorney will need to prove that the medical provider breached the accepted methods of treatment for your condition used by other medical providers in the same area of medicine. In most cases, an expert witness needs to testify to the standard of care and compare the medical professional’s actions against the standard.

What Circumstances Lead to a Medical Malpractice Claim?

Improper Diagnosis

When a physician misdiagnosis a patient that other competent physicians would’ve correctly diagnosed, the patient often has a good basis for a medical malpractice claim.

Treatment Mistakes

Treatment mistakes include such things as amputation of the wrong limb, brain damage due to a surgical mistake, or leaving a surgical instrument inside a patient after an operation.

Lack of Informed Consent

All patients have the right to choose what treatment they receive. This means medical professionals must give their patients adequate treatment details so they can make an informed decision about their care.

What Medical Professionals are Held Liable for Malpractice?

There are several including:

  • Chiropractors
  • Physicians
  • Nurses
  • Dentists
  • Dental assistants
  • Surgical support staff
  • Interns
  • Pharmacists
  • Psychiatrists/psychologists
  • Physician assistants
  • Optometrists/ophthalmologists

Types of Damages Awarded

There are several types of damages a patient can be awarded such as:

If you believe you have a medical malpractice claim, please contact us. As New Jersey personal injury attorneys, we can determine if you do and help you get the settlement you deserve.

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Peter N. Davis And
Associates, LLC
100 Hamilton Plaza #420
Paterson, NJ 07505
Patterson Falls