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How to Recognize and Respond to Foreclosure Rescue Fraud in Wayne, NJ

Surgical procedures are meant to improve health and well-being, but sometimes mistakes happen. When surgical errors occur, patients may suffer serious consequences. In such cases, it’s important to understand your rights and options for seeking accountability.

Let’s look into the legal aspects of surgical errors and how a medical malpractice attorney can support you.

What Are Surgical Errors?

Surgical errors are mistakes made during a surgical procedure that result in harm to the patient. These errors can range from minor complications to severe injuries or even death. Typical surgical mistakes involve procedures on incorrect body parts, forgetting surgical tools inside patients, and errors in administering anesthesia.

Holding Healthcare Providers Accountable

Healthcare providers, including surgeons, nurses, and hospitals, have a legal duty to provide patients a certain standard of care. When they fail to meet this standard and a patient is harmed as a result, they can be held accountable for medical malpractice.

This may involve seeking compensation for medical expenses, lost wages, pain and suffering, and other damages.

Legal Support from a Lawyer

Handling a medical malpractice claim can be complex, especially when going up against healthcare providers and their insurers. A medical malpractice attorney can provide invaluable support. They can investigate the circumstances of the surgical error, gather evidence, consult with medical experts, and negotiate with the opposing party on your behalf.

A heartbeat monitorYour Rights and Options

If you believe you have been a victim of a surgical error, it’s important to know your rights and options. You have the right to pursue legal action against the responsible parties and seek compensation for your injuries and losses. Consulting with a knowledgeable lawyer can help you understand the legal process and make informed decisions about your case.

Surgical errors can have devastating consequences for patients and their families. However, holding healthcare providers accountable for negligent medical procedures is possible with the support of a skilled medical malpractice attorney Passaic County, NJ.

If you or a loved one have experienced surgical errors, don’t hesitate to reach out to legal services for assistance. Donnelly & Warner, LLC,  is here to help you understand your rights and pursue the justice and compensation you deserve.

Contact us today for a consultation with our medical malpractice attorney Wayne, NJ, to discuss your case.


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Demystifying Medical Malpractice Claims

Demystifying Medical Malpractice Claims

Did you know that medical errors are the third leading cause of death in the US? Research from the National Library of Medicine suggests that medical errors contribute to 251,000 deaths a year in the US, notably higher than in any other developed country. Moreover, these estimates only consider preventable deaths that occur within hospitals, indicating that the actual number of medical errors causing harm or injury, excluding fatalities, is likely much greater.

When healthcare professionals fail to provide an acceptable standard of care, harming or causing injuries to the patient, it may constitute medical malpractice. It’s a serious issue that can have devastating consequences for patients and their families. If you or your loved one has experienced this, knowing the basics of medical malpractice claims can help. Here’s everything you need to know.

Common Types of Malpractice

1. Surgical Errors

These include mistakes made during surgery, such as performing unnecessary procedures, leaving surgical instruments inside the patient, operating on the wrong body part, etc.

2. Misdiagnosis or Delayed Diagnosis

When a healthcare provider fails to accurately diagnose a patient's condition or delays diagnosis, it can cause serious consequences, including worsening of the patient's condition or the need for more invasive treatment.

3. Medication Errors

Mistakes in prescribing, administering, or monitoring medication result in adverse drug reactions, overdose, or other complications.

4. Birth Injuries

Negligence during childbirth can cause birth injuries such as cerebral palsy, brachial plexus injuries, or maternal complications.

Understanding the Legal Elements

Medical malpractice claims typically involve four legal elements that must be established to prove negligence on the part of the healthcare provider.

1.     Duty of Care

This element involves demonstrating that the medical provider owes a duty of care to the patient. This duty is established when a doctor-patient relationship exists, indicating that the healthcare professional has a legal obligation to provide competent and appropriate medical treatment.

2.     Breach of Duty

The second element requires showing that a healthcare provider breached the duty of care by not meeting the accepted standard of care. This involves comparing the provider's actions to those of a reasonably competent healthcare professional under similar circumstances.

3.     Causation

For this element, you have to establish a causal connection between the healthcare professional’s breach of duty and the patient's harm or injury. It must show that the provider's negligence directly resulted in the patient's adverse outcome.

4.     Damages

The final element requires proving that the patient suffered damages due to the healthcare provider's negligence. This includes physical injuries, emotional distress, financial losses, and other measurable harms.

A person is having a neck painHow to Assess the Validity of a Claim

Determining whether you have a valid medical malpractice claim requires careful consideration of the facts surrounding your case. Here are some steps to help assess the validity of your claim:

1. Consultation with a Medical Malpractice Attorney

Seeking advice from a qualified medical malpractice attorney is essential. At Donnelly & Warner, LLC, we have leading medical malpractice attorneys who can review the details of your case, assess the legal elements, and determine whether you have grounds for a claim.

2. Gathering Evidence

The next step includes collecting relevant medical records, diagnostic tests, and other documentation related to your treatment. This evidence can help establish the healthcare provider's breach of duty and the resulting harm.

3. Expert Opinion

In many medical malpractice cases, expert testimony is required to form the standard of care and demonstrate how the healthcare practitioner’s actions varied from this standard. Consulting with medical professionals can provide valuable insight into the merits of your claim.

4. Statute of Limitations

It's important to be aware of the statute of limitations for filing a medical malpractice claim in your state. Missing the deadline could result in the loss of your right to seek compensation for your injuries.

These legal complexities can be overwhelming, especially if you or someone you know is dealing with the aftermath of medical negligence. Hiring our medical malpractice attorneys Wayne NJ can give you the support and guidance you need. With our legal services Wayne, NJ, you can have peace of mind that your case is in reliable hands. We will carefully check the merits of your case, gather evidence, and work tirelessly to seek compensation and justice for you.

Reach out to us for a free legal consultation and take the first step towards resolving your medical malpractice claim.