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How Can I Prove That My Surgeon Made a Mistake And Caused My Injury?

July 10, 2020

When you undergo surgery, you never expect the medical provider to make a mistake that could ruin the rest of your life. Whether they are neglectful or knowingly skip a step, it is only right that they cover your damages if it led to your injury.

Causes of Medical Malpractice

Medical malpractice occurs when a medical provider makes a mistake, often due to negligence, that leads to an injury. These are a few of the most common causes of medical malpractice:

  • Misdiagnosis/ delayed diagnosis
  • Childbirth injuries
  • Failure to treat an infection
  • Surgical errors
  • Failure to treat in a timely manner
  • Medication errors
  • Failing to get informed consent
  • Errors in anesthesia dosage

Each of these mistakes can lead to a disastrous outcome. While most individuals would agree that a medical provider who makes a mistake in the care of their patient should be held responsible, it is not always easy to prove fault. In addition to the average person not understanding the expectations of a medical provider, it can be impossible to connect their mistake to the injury.

Proving Medical Malpractice

It is crucial to work with an experienced medical malpractice lawyer when building your surgical mistake case. Your medical malpractice lawyer should have a team of experts who not only know where to look, but that can identify negligence.

Your legal team will build your case with things like:

  • Medical records
  • Images of the injury
  • Expert witness reports
  • Witness reports from family and friends

When attempting to prove negligence in medical malpractice, your legal team will work to prove a few important elements. This includes that a doctor-patient relationship did exist and that the medical provider was negligent in one way or another. They will also work to identify that the negligent activity, or mistake, led to the injury. It is also important to identify how that injury led to actual damages that can be compensated.

Your legal team will compare the actions of the medical provider to the expected standard of medical care. Working closely with an expert witness is an important part of this. An expert witness is familiar with the medical industry and can speak to the expected actions, if they were put in a similar situation.

Other documents that can be used to demonstrate negligence include manufacturer’s directions, dosage guidance, patient’s medical records, and knowledge of the patient’s medications or medical condition.

Work With an Experienced Medical Malpractice Lawyer That You Can Trust

Navigating a medical malpractice case is not always easy. It can feel lengthy and overwhelming, so it is important to have the right representation on your side. Your legal team should not only walk you through the process and inform you of what to expect, but should also build your case, while allowing you to focus on your recovery.

Medical malpractice claims are time-sensitive. You have just two years from the date of the injury to file a claim in New Jersey. For this reason, it is important to reach out to your medical malpractice lawyer as soon as possible. It takes time to build a case, so you want to be sure that your legal team has enough time to gather the evidence needed.

Contact A Roxbury Medical Malpractice Attorney for a Consultation About Your Surgical Injury in New Jersey

Were you or a loved one injured due to medical malpractice in New Jersey? Then you need to talk to an experienced medical malpractice lawyer as soon as possible for guidance on how to proceed. The New Jersey medical malpractice attorneys at Hoyt & Hoyt, PC are prepared to assist you with your legal claim. We represent victims of negligent surgeons, doctors, nurses, and pharmacists throughout New Jersey, including Mount Olive, Roxbury, Morristown, and Old Bridge. Call us today at (973) 292-2299 or fill out our online contact form to schedule a consultation. Our main office is located at 67 East Park Place, 5th Floor, Morristown, NJ 07960 and we also have an office in New Brunswick, NJ.

The articles on this blog are for informative purposes only and are no substitute for legal advice or an attorney-client relationship. If you are seeking legal advice, please contact our law firm directly.

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