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At Team Law, we are in the unfortunate position of seeing a lot of bad things happening to innocent people. We see firsthand how badly mistakes and carelessness can harm others.
For example, do you know what the third biggest killer of Americans is? No, it’s not guns or terrorism or substance abuse. It’s not even car crashes, even though the attorneys at Team Law see a lot of injuries from motor vehicle accidents.
The number three killer of people in the United States is medical mistakes. That’s right, medical mistakes kill more than a quarter-of-a-million people each year, according to a study from Johns Hopkins. This is why you might find yourself needing an Elizabeth, NJ medical malpractice lawyer from Team Law.
Victim Of Legal Malpractice And Have Questions? We Can Help, Tell Us What Happened.
To successfully sue for medical malpractice, three elements must exist.
First, there must be a breach of duty (often called a standard of care). For instance, doctors have a duty to amputate the correct limb of a patient.
Second, the breach of that duty must cause the injury. In a case where the wrong limb was amputated, this is usually very easy to prove. But in a more complicated case, such as a failure to diagnose cancer, it can be far more difficult.
If the cancer was diagnosed earlier, would it have reduced the patient’s pain or allowed them to live longer? Maybe, maybe not, depending on the type of cancer and other underlying facts.
The defendant would likely argue that even if the cancer was diagnosed sooner, the patient still would have died at the same time and suffered just as much.
Third, there must be an injury. In practice, this injury must be significant.
Minor injuries can still result from medical malpractice. But because any legal recovery will be so small, bringing a lawsuit usually doesn’t make financial sense.
The simplest answer to this question is that humans provide medical care and humans aren’t perfect. Sometimes a medical professional has a substance abuse problem. Maybe they’re distracted by a family problem.
Other times, there’s a flaw in how a hospital or medical office operates. For example, when conducting an amputation, doctors used to have opposite ways of indicating which limb was to be amputated.
One doctor would draw an “x” on the limb that was to be amputated. Yet another doctor might have an “x” on the limb to indicate it was not to be amputated.
Basically, medical malpractice can take place for any range of reasons, from honest mistakes to careless mistakes to intentional conduct.
Regardless of the reason, it doesn’t change the fact that we have a patient that is now suffering despite having done nothing wrong.
Get Advice From An Experienced New Jersey Medical Malpractice Attorney. All You Have To Do Is Call 1-800-832-6529 To Receive Your Free Case Evaluation.
A medical mistake can be utterly devastating, causing unnecessary pain and sometimes death. Some of the injuries and deaths are even more tragic because they are so preventable, such as a delayed diagnosis. Common instances of medical malpractice include:
Because these are some of the most complicated personal injury cases to win. There are several reasons for this.
For one, the defendant often has a large number of resources to defend against a lawsuit. Medical professionals and healthcare facilities often have access to medical malpractice and liability insurance which usually provides a solid legal defense.
There’s also the fact that delays are no big deal for defendants. It’s not like a doctor, nurse or hospital has medical bills to pay or lost wages to replace during the lawsuit.
Next, it’s hard to prove the medical malpractice caused the injury. The human body is a marvel of nature in its complexity and function. But many things can go wrong and cause illness. So it becomes difficult to show the medical mistake is legally responsible for the injury.
Then there’s the fact that most medical malpractice cases usually involve a lot of money. We’re talking six figures and easily seven or eight. With so much money on the line, the legal defense will be fierce.
Finally, it’s expensive to win a medical malpractice case. You need special expert witnesses which cost a lot of money.
These expert witnesses are necessary to prove every element of your medical malpractice case. And it often takes multiple expert witnesses to do this.
Verdict – Team Law’s client fell and dislocated her knee, causing an injury to the popliteal artery that ultimately resulted in the amputation of her leg. Suit was filed against the hospital to which she had been taken by ambulance, the emergency room doctor, a radiologist and an orthopedic surgeon. The orthopedic surgeon claimed he was inordinately delayed getting to the hospital because of traffic problems on the Garden State Parkway. Team Law was able to counter the surgeon’s testimony by obtaining records from the Garden State Parkway that showed no traffic problems and by obtaining the surgeon’s EZ Pass records. The claim against the emergency room doctor was that he should have asked for vascular consultation when he detected a weak pulse in the foot, not just an orthopedic consult. The claim against the radiologist was that his actions also delayed treatment. After a seven week trial, a verdict was entered in favor of Team Law’s client and against all four of those defendants.
If you think you’re the victim of a medical mistake, reach out to an Elizabeth, NJ medical malpractice lawyer as soon as you can. There are time limits on when you can sue for medical malpractice. And the longer you wait, the harder it will be to prove your case. Even if you think you don’t have a case, it doesn’t hurt to contact us to speak with one of our experienced medical malpractice attorneys. You don’t pay anything for a consultation or for any legal representation until we collect a recovery for you.
Elizabeth is a city located in Union County, New Jersey. The county seat of Union County and its largest municipality, Elizabeth is, as of the 2010 Census, the fourth largest city in New Jersey, behind Paterson; in 2018, the Census Bureau estimated that Elizabeth had grown to be the country’s 215th most populous city. Elizabeth was settled by English settlers beginning in 1664; the area was named for the wife of Sir George Carteret, one of the two original Proprietors of the colony of New Jersey. Elizabeth served as the first capital of New Jersey and was the site of several battles during the Revolutionary War. The current city of Elizabeth was created in 1855 from the merger of Elizabeth Borough and Elizabeth Township. Beginning at the turn of the 20th century, Elizabeth became a major economic and industrial hub, hosting manufacturing facilities for the Singer Sewing Machine Company and the Electric Boat Company (builder of submarines for the U.S. Navy).
Medical malpractice simply means that a doctor was careless in treating a patient. The technical legal definition in New Jersey is that the doctor failed to do something that was required by standard medical practice. Less commonly, NJ medical malpractice can also occur when a doctor does something that was forbidden by standard medical malpractice.
In order to start a medical malpractice case, the first thing your lawyer will need to do is collect a complete set of the patient’s medical records. Then, your attorney will need to have those records reviewed by a doctor in the same specialty as the doctor, surgeon, or medical provider who may be the defendant in the lawsuit. For example, if it’s a nephrologist, it will be necessary to hire a nephrologist to review the medical records. At that point, you will be ready to start a medical malpractice lawsuit.
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