Medical malpractice, by definition, refers to poor medical practices. While doctors, nurses, and other medical practitioners are human and, therefore, prone to normal human error, they are held to a higher professional standard than others due to the fact that a medical mistake can have dire, even fatal consequences. Unfortunately, medical malpractice still occurs every single day throughout the United States.
When medical professionals and facilities, such as hospitals or doctors’/dentists’ offices, act negligently or wrongfully, victims can take legal action. At The Donnelly Law Firm, we have more than 50 years of combined experience fighting for justice on behalf of victims of medical malpractice and negligence. Our Senior Partner, Dennis Donnelly, has spent more than 35 years focusing on complex medical malpractice claims. Our New Jersey medical malpractice lawyers are passionate about securing the full, fair recovery you are owed. We have successfully recovered more than $140 million for our clients; let our team fight for you. With notable verdicts, which reveal needless repetitive medical errors, as well as continuing efforts to help doctors avoid repeating past errors and practice safe medicine, we have been fighting to reduce needless catastrophic medical injuries and deaths. Please allow us to continue that fight with your case.
Contact The Donnelly Law Firm online or by phone at (800) 398-1866 today for a free, confidential consultation.
What Constitutes Medical Malpractice?
As previously stated, medical professionals are held to a high standard in regards to patient care. As a patient, you reasonably expect your doctor to do his or her best to provide you with the correct diagnosis and treatment. However, if a doctor is not able to immediately diagnose a very rare condition or completely cure you or your loved one, this does not automatically constitute malpractice.
Instead, in order to show that a medical practitioner or facility has acted negligently or wrongfully, you must prove the following:
- First, you must show that the doctor, nurse, facility, etc. owed you a “duty of care.” This can typically be proven simply by showing you were a patient and that a doctor-patient relationship existed.
Next, you will need to demonstrate that the doctor, nurse, facility, etc.
failed to uphold the “standard duty of care.” Essentially,
this means that the medical professional/facility in question failed to
provide the same level of care that another medical professional/facility
could reasonably be expected to provide.
- A doctor’s failure to uphold the standard duty of care can be either negligent or wrongful in nature. For example, an overworked surgeon who accidentally leaves a foreign object inside a patient may be determined to have acted negligently, whereas an anesthesiologist who sees in a patient’s chart that they cannot have anesthesia, yet administers anesthesia anyway has acted wrongfully. Both are forms of medical malpractice.
- You will also need to show that the failure to uphold the standard duty of care is what led to your injuries/complications or the death of your loved one, either directly or indirectly.
- Lastly, you will need to prove that the injury/complications led to specific damages. This can include things like further required medical treatment, lost income/wages, physical pain, and emotional suffering.
Many years of experience and knowledge in how and why medical professionals negligently fail their patients and cause needless injury and death is required to successfully investigate and prove all those legal requirements.
Our New Jersey medical malpractice attorneys are highly skilled at proving medical malpractice, even in very complex cases. We can conduct a thorough investigation into your situation and determine if a medical professional or facility is responsible for your losses. If so, we will do everything in our power to help you seek justice.
Types of Medical Malpractice Cases We Handle
At The Donnelly Law Firm, we assist clients with all types of medical malpractice claims, including but not limited to:
- Birth injuries
- Failures in diagnosis
- Delays in diagnosis
- Hospital infections
- Nursing home abuse and neglect
- Surgical errors
- Diagnostic procedure errors
- Failures in prenatal diagnosis known as wrongful birth claims
- Radiology or other imaging or missed diagnoses
Contact The Donnelly Law Firm
Reach out to our legal team today to discuss your legal rights and options. Our New Jersey medical malpractice lawyers can answer your questions and provide you with the compassionate, personalized legal guidance you need.
For legal assistance in Summit and throughout the state of New Jersey, call The Donnelly Law Firm at (800) 398-1866 today. There are never any fees until we recover compensation for you.