Medical Malpractice Attorneys in Westfield, New Jersey
At one point or another, you may be asking yourself: what is medical malpractice? Medical malpractice is defined as a violation of the standard of care that causes injury to the patient. The standard of care is what a reasonable physician would do in the treatment of the patient.
If you or someone you know was injured after being treated in a medical facility, you should know that there may be an opportunity to obtain compensation by filing a medical malpractice claim. Here, we will discuss what elements are needed to prove medical malpractice occurred as well as other vital information pertaining to filing a claim.
After a Medical Injury, the Support of an Experienced & Qualified Medical Malpractice Attorney Matters
As medical negligence attorneys, Harrell, Smith & Williams, LLC have an in-depth understanding of medical malpractice cases. We understand the gravity that these types of cases can have not only on you but to your entire family as well. With our experience in the field, you can be sure that we are prepared to weigh in on your concerns. We will work attentively to obtain your medical records and have them reviewed by a physician. This physician will then be able to provide us with an opinion regarding your doctor’s actions.
At Harrell, Smith and Williams, LLC, we take pride in diligently investigating the harm caused by your doctor’s mistake. Our familiarity with medicine will allow us to guide you through the potential difficulties in proving injury when it comes to medical malpractice. It is our belief that it is not enough to simply show that a physician acted improperly, we also work hard in demonstrating that such action caused a serious injury. Our attorneys are well trained and very experienced to look at the whole picture and explain your legal options. Additionally, our firm has an established network in the local medical industry, which can be vital in strengthening your case. Contact us today for a free case evaluation.
Necessary Elements to Prove a Case
Medical malpractice cases in the State of New Jersey can be difficult to prove. In certain situations, an unsatisfied patient may want to pursue a medical malpractice case, however, this is alone is insufficient in proving a case.
When a patient files a medical malpractice case, the patient and his or her attorney will need to prove that the physician was negligent in providing medical care. This will generally mean that the physician’s conduct fell below what is recognized as the medical standards. Elements required to prove a case include:
There Was an Established Doctor-Patient Relationship
In a legal perspective, a doctor-patient relationship is established with the medical caregiver has a duty to provide the patient with reasonable care that meets accepted standards. This can be easy to prove when the patient has been paying for the medical care and was in fact treated by the doctor. Even in a case where there was no established agreement, the relationship will exist if the physician provided the patient with a treatment and/or diagnosis.
The Medical Professional Was Negligent in the Medical Care Provided to the Patient
A doctor is required to treat a patient with a relative similar skill and care that a doctor in the same field, with the same knowledge, and the same expertise would provide the patient under similar conditions. In legal terms, this is referred to as the medical standard of care and will usually be the most challenging element in a medical malpractice lawsuit.
The Physician’s Negligence Directly Caused the Patient’s Injuries
Another important, yet challenging element to demonstrate is that the physician’s carelessness directly caused the patient’s injuries. The claim will need to demonstrate that had it not been for the physician’s negligence, the patient would not have suffered injuries. Some cases can be difficult to prove since the patient’s prior medical history can be blamed for the extent of the current injuries.
Damages Were Caused as a Result of the Medical Negligence
An injured patient will need to demonstrate that the medical negligence caused him or her physical and monetary damages such as additionally medical costs, a loss of income, or pain and suffering.
New Jersey’s Medical Malpractice Statute of Limitations - Attorneys Can Protect Your Right to Claim
Every state has its own specific deadline for the filing of a medical practice claim. This time limit, known as a statute of limitations, can be complex, depending on the specifics of the case. For the most part, however, an injured party will have two (2) years from the time of the injury to bring forth a medical malpractice claim against the negligent physician. When this deadline is not adhered, the injured party can lose the case, even if the claim is valid.
Obtain the Legal Support of Trusted Medical Malpractice Attorneys in Westfield, New Jersey
Medical malpractice cases are multifaceted and often deal with numerous challenges. A majority of claims can also be time consuming, especially without the support of an experienced personal injury attorney. The personal injury attorneys at Harrell, Smith and Williams, LLC have a track record for helping medical malpractice victims obtain the restitution they are owed following medical negligence. If you have suffered injuries because of a careless medical care provider, our experience and skills will ensure that your interests are protected and that you are compensated for all harm caused by the carelessness of the physician treating you.
At Harrell, Smith and Williams, LLC, we are in it for the long haul – medical malpractice cases may take an extensive amount of time since it is customary for various medical professional to be involved for testimony and analysis. In order to help you recuperate what you are truly owed, we will make sure to seek the support of dependable professional testimony.
As medical negligence attorneys, it is our duty to look not only at the injury our clients sustained, but also the type of care they received. After suffering an injury because of medical malpractice, seek the qualified support of a personal injury attorney. Contact us today for a free consultation and for an in-depth case evaluation.
Our medical malpractice lawyers are available to talk about your case, free of charge, and confidentially.