How Can A Cherry Hill NJ Medical Malpractice Injury Lawyer Help You?
At some point in every person’s life, you are required to trust medical professionals with the health and well being of both you and your family. Unfortunately, that trust is broken every single day in both hospitals and doctor’s offices across the country.
Anytime you step into a doctor’s office or hospital you expect your symptoms to be evaluated efficiently and accurately to ensure the best possible health outcome. We expect our medical professionals to diagnose and treat our illnesses/injuries within the standards of care set up and followed by the medical community at large.
These standards of care were installed and are followed to provide the safest and most effective care for their patients. Without these standards of care, doctors or hospitals could put their patients at risk through unsafe or unsanitary practices.
It is all too common for patients to receive substandard care, doctors to make mistakes and people to have their lives changed forever. Flynn and Associates believe that these tragedies should never happen but when they do our legal team will fight tooth and nail to get you the compensation you deserve.
WHAT IS MEDICAL MALPRACTICE?
The terms medical malpractice and medical negligence describe any instance where a medical professional fails to ensure the safety of their patients and leaves them exposed to the possibility of preventable injuries. In the case that a patient experiences a preventable injury due to the malpractice or negligence of a medical professional, they can then file a malpractice lawsuit to hold the responsible party accountable.
For a case to be legally defined as malpractice a doctor or hospital must have acted outside the bounds of the standards of medical practice. Whether your injuries were due to action or inaction, if the healthcare professional acted outside the guidelines of standards of practice you may have a medical malpractice case.
It is important to note that any injuries you sustained from the health care provider must be severe to necessitate a medical malpractice lawsuit.
While medical professionals take an oath to do no harm, there are many procedures that can do serious harm when applied in the wrong context.
Listed below are some of the most common examples of medical negligence:
- It is possible for doctors to misdiagnose their patients and either not provide necessary care or provide care to treat the wrong condition, which may cause unnecessary harm.
- Prescribing the incorrect drug to treat a disease or condition that may have horrible or possibly life-threatening side effects. It is also possible for doctors to prescribe medications at radically higher dosages than required.
- In the case of surgery, it is possible for doctors to provide the incorrect surgical procedure, successfully completing an operation on the wrong body part, or leaving foreign and dangerous materials in the body after a procedure.
While the majority of these mistakes show up immediately, it is entirely possible for the effects of a mistake to show up years later with the patient suffering the whole time. Patients may not receive the care that they so desperately need because they were misdiagnosed whether that means not getting the medication or surgery they need to treat their condition.
However, the effects of un-needed surgery or medication can cause tremendous damage through completely avoidable side effects that can possibly be fatal.
While it is more common for negligence to take the form of an ill-advised action it is also possible for healthcare providers to be negligent in their inaction.
Some of the most common causes of negligent inaction are listed below:
- If a doctor or hospital does not adequately monitor the condition of their patients
- A healthcare professional not following up with their patients to efficiently communicate test results or the need for further treatment.
- Not recognizing or taking a patient’s symptoms or complaints seriously
- Not ordering vital tests or incorrectly assessing the results of those tests
- Not providing treatment in a timely manner.
- Not referring patients, they do not have the ability to treat to adequately equipped medical professionals or specialists
TYPES OF MEDICAL MALPRACTICE
There are many kinds of medical malpractice lawsuits due to the extreme complexity of the healthcare industry.
Listed below are some of the different types of the cases the Cherry Hill medical malpractice injury attorneys here at Flynn and Associates have had experience with:
- Injuries associated with the birthing process whether it involves the mother or the child.
- Misdiagnosis of injuries/diseases leading to unnecessary treatment
- Negligence that takes place in a hospital
MEDICAL MALPRACTICE IN-BIRTH INJURIES
With childbirth being the most important event in many people’s lives and such a delicate process it is critical that doctors and other healthcare providers follow the standards of care to ensure the safety of both the child and the mother.
Some of the most common sources of healthcare provider negligence as it pertains to childbirth and postnatal care, are listed below:
- A doctor failing to interpret an ultrasound correctly and take the proper steps to ensure a safe and efficient birth
- Doctors failing to employ C-sections in the correct manner
- Not applying the correct amount of force during delivery and causing unnecessary injuries to the child
- Failing to use forceps and vacuums in a proper manner when completing assisted delivery
- Prescribing incorrect medication or overprescribing pre/post-birth
- Not counseling the parents on possible genetic issues that could arise during or after childbirth
These injuries can be extremely devastating both mentally and physically for the mother as well as effecting the most fragile population newborn infants. This kind of negligence can turn a process that should be filled with joy and new possibilities into both a mental and physical nightmare.
MEDICAL MALPRACTICE MISDIAGNOSIS
In most cases catching a disease or condition early leads to a better prognosis or possibly lifesaving treatment that must be administered early to be effective. One example of this is in the case of breast cancer were tests that lead to early detection are stressed and applied to ensure the best possible prognosis.
Due to the importance of the timing in a diagnosis, or a misdiagnosis can be extremely dangerous and lead to negative effects on the rest of your life. A misdiagnosis can lead to delays that may mean the difference between successful treatment and your disease spreading and causing irreparable damage to your body.
Listed below are some of the most common ways that misdiagnosis can occur:
- Doctors don’t listen to complaints and order the correct tests to ensure that your complaints and symptoms aren’t connected to a disease or condition.
- The doctor incorrectly reads the test or just outright ignores the results of the tests, which prevents any timely diagnoses or treatments.
When a doctor misdiagnoses their patient it can lead to possibly lifelong injuries or disease complications or even be fatal. When a doctor misdiagnoses their patient it is vital that they are held accountable for the damage that they caused and so that they are never allowed to do that kind of damage again.
MEDICAL MALPRACTICE HOSPITAL ERRORS
Due to the chaotic and complex nature of a hospital, it shouldn’t come as a surprise that many injuries or cases of malpractice take place in a hospital due to negligence.
Listed below are some of the most common causes of hospital negligence:
- Errors that occur in surgery whether they are due to performing the wrong surgery or the correct surgery on the wrong body part.
- Errors in prescribing medication to their patients
- Mixing up patient charts or incorrectly documenting patient conditions and necessary treatments
- Incorrectly managing sanitary conditions in the hospital causing infections
- Allowing patients to leave before they are ready to safely leave
HOW COMMON IS MEDICAL MALPRACTICE?
Unfortunately, it is extremely difficult to document the number of cases of malpractice as they are underreported. However, even though they are underreported the number of cases currently documented is far too high.
According to the AMA (American Medical Association), malpractice cause nearly 100,000 deaths annually, this is a very troubling fact that puts medical malpractice ahead of automobile accidents in deaths per year.
We here at Flynn and associates are horrified that even a single death or serious injury is caused by the negligence of some of our most trusted individuals. We believe that these people should be held accountable and will do everything in our power to guide you to the compensation and justice that you deserve after your medical malpractice injury.
Unfortunately, if these negligent doctors are allowed to continue practicing it is all too common for them to commit malpractice again. Causing even more damage to others when they could have been stopped if someone stood up, called them out and forced them to take responsibility for their actions.
We want to make it clear that most doctors and medical professionals are exemplary and worthy of our trust. It is only one percent of doctors that commit almost a third of the malpractice and cause nearly all of the injuries.
WHAT CAUSES MEDICAL MALPRACTICE?
The causes of medical malpractice are simple veering away from the guidelines laid out in the Standards of practice provided by the American Medical Association. If all healthcare providers followed these guidelines there would be zero cases of medical malpractice.
While there would not be cases of malpractice, unwanted outcomes would still occur due to a patient not responding correctly to medication or medical treatment not being advanced enough to reach a favorable outcome for the patient.
Listed below are some of the most common causes of medical malpractice:
- Not listening to the complaints and taking the symptoms of a patient seriously
- Ineffective communication between medical professionals that need to work together to effectively treat a patient.
- Overworked doctors aren’t given the correct amount of time to rest leading to poor medical care.
- If a healthcare provider is under the influence of drugs and alcohol leading to impaired judgment.
- Doctors or other healthcare professionals not sterilizing their equipment or office leading to infection.
All of these reflect either the actions of a single doctor the systematic failings of a hospital to adhere to the guidelines of the standards of practice. However, where the negligence came from does not matter except in the case that future incidents can be avoided, it's more important that you get the justice and compensation you deserve.
WHO TO SUE IN MEDICAL MALPRACTICE CLAIMS
While doctors are the most common defendants in medical malpractice it is also possible to bring a case against an organization such as a hospital if the system was responsible for the injuries that you sustained because of negligence.
Listed below are some of the most common defendants in medical malpractice cases:
- Doctors or other specialists such as surgeons
- Nurses or physicians assistants
- Organizations such as hospitals
- Technicians and aides that provide care outside of a doctor’s duties
- Therapists that can prescribe medication to their patients
- Chiropractors, or other professionals that provide bone or muscle adjustments
- Pharmacists that provide medication and ensure the correct strength and potency
- Outpatient Medical facilities, such as behavioral health facilities that can provide medication and treatment
The overwhelming majority of malpractice cases are brought against doctors and hospitals while the rest of the list above makes up a smaller percentage. However, the legal team here at Flynn and Associates are ready to help you name and get the justice you deserve from whoever was responsible for your injuries.
HOW TO PROVE MEDICAL MALPRACTICE
It is important to note that the burden of proof in medical malpractice lawsuits is on the plaintiff meaning you. The process to get this proof requires a tremendous amount of time and effort to get the appropriate documents and charts from hospitals as well as getting into contact with experts in the industry to strengthen your case.
All this evidence must point to the hospital acting outside the bounds of the guidelines set up by the standards of practices laid out by the American Medical Association. The first piece of evidence that goes a long way to proving medical malpractice is reviewing your medical documents from your provider to determine whether they acted outside the bounds of standard medical procedures.
We need to determine whether your healthcare professional had the qualifications and specialized medical background to provide the treatment that caused you harm. Next, we will bring in experts within the medical field that will help us to prove that the actions of doctors or hospitals broke with traditional medical practice.
Finally, we take the bulk of the evidence and use it to prove that this malpractice was the cause of your very serious injury. This is where our very experienced and battle-hardened legal team will be able to draw on their years of experience and connections to tie their negligence to the preventable injury that you sustained from any ill-advised treatments.
There are many obstacles and red tape that come with filing a medical malpractice lawsuit and we would be honored to guide you to the justice as well as compensation that you deserve for your injury.
WHEN TO SUE FOR MEDICAL MALPRACTICE
If you feel like you or a loved one’s treatment caused more harm than good it is important that you get into contact with a medical malpractice attorney o ensure that you are not outside the statute of limitations.
It is important to us that you get the information you need to put your fears and anxiety to rest so that you can move on with your life in the case that there is no negligence. However, if there is negligence then it is important that you get into action as quickly as possible to ensure that you get the justice you deserve as there are no second chances after the statute of limitations has passed.
An experienced medical malpractice attorney will be able to investigate your case and determine whether there was negligence and if there was then begin the fight to get you the compensation you deserve.
Often medical malpractice can lead to crushing medical bills that can lead to tremendous financial strain. You should not have to pay for a doctor’s or hospital’s mistake!
These kinds of cases can also have a tremendous impact on the mental and emotional state of patients who may have lost trust in the medical practice. If you have sustained a medical malpractice injury that changed your life for the worse and is looking to move forward with your life and make sure that the rest of your life is as good and comfortable as possible it is time to file your claim.
It is vital that you do so as quickly as possible because the statute of limitations can render your case dead on arrival if you allow for too much time to pass.
MEDICAL MALPRACTICE STATUTES OF LIMITATIONS IN NJ
Statute of limitations is the legal term for the time that is allowed to pass before you take legal action against a certain party. After this amount of time has passed any case has been nullified and your claim will be thrown out before you have a chance to get the justice you deserve.
In the state of New Jersey, the statute of limitations on medical malpractice is two years.
If you wait longer than this two-year time limit than there are no second chances to have your case heard. These two years begin the moment you knew that there was an issue caused by the negligence of a healthcare provider or hospital.
In the case that the malpractice was a surgery on the wrong body part it is assumed to be obvious and your clock begins ticking the second you wake up from your surgery. On the other hand, if any negative consequences of malpractice show up years later the minute they show themselves your statute of limitations clock begins running.
While two years may seem like a lot of time it is entirely possible for you to spend months in and out of hospitals and possibly years recovering from your injury and that two years can fly by without you filing legal action. If you approach the deadline it is difficult to acquire the necessary proof for your case to be successful.
In the case that you are not sure when you should file a medical malpractice lawsuit, we suggest that you start now. Give us a call at (800) 853-1000 to schedule your free consultation with our experienced and compassionate legal team to determine your plan of action.
HOW TO FIND MEDICAL MALPRACTICE ATTORNEY
When choosing a Cherry Hill NJ medical malpractice injury attorney to represent you and your interests in a lawsuit, it is important to do your research and communicate with several firms to determine who works best for you. While we would love to help everyone in the state of New Jersey with their medical malpractice lawsuits if you determine that another firm works best for you, we wish you the best of luck.
We just want you to know that we care and are willing to do everything in our power to guide you to the justice and compensation you deserve. We suggest that you investigate the previous cases and experience of law firms as well as the resources they can provide.
We hope that our years of experience and connections within the healthcare industry will be enough for you to trust us to represent you and your interests in the court of law.
With over thirty years of experience having successfully represented thousands of clients in their medical malpractice lawsuits, we have gotten our clients the results they wanted and helped them to move on with their lives.
Call Our New Jersey Medical Malpractice Accident Lawyers
Our team of NJ medical malpractice accident attorneys works extensively to build a solid case to support you and obtain the highest compensation possible. If you have been seriously injured in New Jersey, call us toll-free at (800) 853-1000 or fill out an online contact form to receive a free consultation on your legal rights.