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How can you know if you have a valid medical malpractice claim?

On Behalf of | Jan 14, 2020 | Uncategorized |

When you are experiencing medical issues, you probably call a doctor and make an appointment. If it is an unexpected and serious issue, you may need to go to the emergency room for care and treatment. Regardless, you trust that the New Jersey medical professionals you are working with are knowledgeable and have your best interests in mind.

Medical professionals are not perfect, and sometimes they may make mistakes. Unfortunately, these mistakes often come at the expense of the health and well-being of the patient. Errors and missteps that cause patients harm are likely medical malpractice, and this could be grounds for a legal claim. If you believe you are a victim, you may find it beneficial to learn more about what constitutes a valid claim.

Should you seek recompense?

Bad or unexpected results sometimes happen in health care. These are unfortunate situations, but they are not always grounds for a medical malpractice claim. In order to have a valid claim, you must have evidence of the following elements: 

  • The doctor owed you a certain duty of care, specifically because you were his or her patient.
  • There must be a obvious breach of that duty, such as failure to diagnose you or give you the right medication.
  • You must have evidence that the breach of duty caused you pain, suffering, financial loss or led to various types of complications.

A careful examination of your case will determine if there is proximate cause. This means there is clear evidence that if it were not for the negligence or actions of your medical care provider, you would not have experienced harm. 

It is not always easy to know if what you experienced counts as medical malpractice. In fact, you may be unsure if your negative results are connected in some way to the actions of your doctor, treatment from your nurses or other people involved in your care. 

The importance of experience

When it comes to seeking appropriate recompense for medical malpractice, experience matters. You will find significant benefit in speaking with an attorney who can help you understand what legal options may be available to you. 

While a medical malpractice claim cannot reverse what happened to you, it may provide you with the resources necessary to address your financial concerns and medical needs. It’s not easy to navigate the civil claims process, but you do not have to walk through it alone.