When we become sick or injured, it is customary for us to seek help from healthcare providers like doctors, nurses, and other professionals for treatment to improve our health. We trust these medical professionals will uphold their legal duty toward their patients. However, If medical professionals make errors during treatment, it can worsen their patients’ conditions, which could turn life-altering and life-threatening. If you have been injured while receiving treatment from a healthcare provider, it is in your best interest to retain the legal services of a skilled Monmouth County Medical Malpractice Lawyer who can help you hold responsible parties accountable for their negligence. Please continue reading to learn when you may be entitled to file a medical malpractice claim against a healthcare provider.
Can I sue a healthcare provider if I was injured during treatment?
In New Jersey, if you have suffered an injury or your illness has worsened due to a healthcare provider’s mistake during treatment, you are entitled to file a medical malpractice claim to seek monetary compensation for your damages. However, it is crucial to understand that you must fulfill the burden of proof before collecting compensation for your injuries. Proving that a healthcare provider’s negligence caused your injuries is a complex undertaking. Despite many legitimate medical malpractice claims, the court scrutinizes them to ensure that they involve actual medical negligence and not just unwanted healthcare outcomes, as, in some instances, results are outside of medical professionals’ hands.
How can I satisfy the burden of proof?
Therefore, to satisfy the burden of proof, you must demonstrate that you had an established doctor-patient relationship, which proves they owed you a duty of care. From here, you must prove that the healthcare provider deviated from or failed to meet the standard of care that another qualified professional would provide under the same circumstances. Essentially, you must prove they breached their duty of care by deviating from the traditionally accepted course of action provided in the same cases. A deviation from the standard of care expected may include misdiagnosing a patient, making avoidable surgical errors, failing to prevent or treat infections, and prescribing the wrong type or amount of medication.
Proving a deviation from duty often requires the testimony of expert witnesses that can corroborate that the course of action taken by the negligent healthcare professional regarding the diagnosis or treatment of an injury or illness did not meet the standard of care expected and was simply unreasonably dangerous. Furthermore, you must prove that the healthcare provider’s actions were the direct cause of the injuries and damages you suffered. To satisfy the burden of proof, you must gather as much evidence as possible, including your medical records, journal entries, testimony from friends and family, and records of expenses incurred due to your damages.
If you or a loved one were injured due to a healthcare provider’s negligence, contact a compassionate Monmouth County medical malpractice lawyer from the legal team at Falcon Law Firm today. Our firm is committed to helping our clients fight for the just compensation they deserve.