Medical malpractice cases arise from injuries a person sustains while in the care of a medical professional or facility. A successful case must prove the provider’s actions failed to meet the accepted standard of professional medical care or services.
Errors can include misdiagnoses, prescription errors, mistakes during surgical procedures, and more. You will need an experienced personal injury attorney to handle this case. Contact our hard-working and skilled Paramus medical malpractice lawyer to learn how we can help you.
What Are the Elements of a Malpractice Case?
To win monetary damages, your claim must show the existence of the specific elements discussed below.
Duty and Standard of Care
A malpractice case must show that a professional doctor-patient relationship existed, which created a legal and ethical obligation to act with reasonable caution. The standard of care is the benchmark that medical providers must meet. It means that a provider must use the same level of diligence, care, and skill that other reasonably prudent and competent providers in the same or similar specialties would give under similar circumstances.
Breach
Breach of duty is a fundamental element of medical malpractice claims. It requires demonstrating that the medical professional failed to meet the standard of care and caused you harm. Under New Jersey Statutes § 2a:53a-41, an expert in the field provides an opinion in a written affidavit about whether or not the provider breached their duty of care.
The law mandates that the individual providing the opinion have the same specialty or work in a similar field and be board-certified. The legislation aims to prevent frivolous lawsuits and ensure that only qualified experts may give testimony. A Paramus attorney could handle the medical negligence affidavit and help navigate the hurdles of this challenging process.
Causation
Causation establishes the link between the doctor’s negligence and your injuries. The evidence must show that you would not have sustained these injuries if you had not received care from this provider.
Damages
Lastly, damages are proof that you sustained harm as a result of the care you received. Damages may include physical, emotional, or financial losses.
Recoverable Damages
Economic Damages
As a victim of health care provider negligence, you may seek compensation for various types of damages. You must show that the provider’s negligence caused your injuries and that those injuries resulted in the costs for which you are seeking compensation. Economic damages cover the tangible financial losses that directly resulted from the medical malpractice.
The purpose of compensation is to reimburse you for your out-of-pocket expenses, including past, current, and future medical costs, such as emergency room bills, hospital bills, physical therapy, and rehabilitation. Lost pay, benefits, and earning potential also fall within this category. Expenses for transportation for medical care and home modifications, if necessary, are examples of other financial costs that are covered.
Non-Economic Damages
Non-economic damages cover intangible injuries and losses that are more difficult to quantify but significantly affect your quality of life. The court may award these damages for the emotional and psychological harm caused by the medical provider’s negligence. Harm may include physical discomfort, mental anguish, and emotional distress, such as depression and anxiety, which you may experience as a result of your injuries.
Non-economic damages may also include compensation for loss of enjoyment of life. For example, you may no longer be able to participate in exercise, hobbies, or daily activities. Your injuries may impact your family relationships and, if you are married, result in diminished intimacy with your spouse. An experienced medical misconduct lawyer in Paramus can fight for the fair outcome you need and deserve.
Discuss Your Health Care Misconduct Case With a Paramus Attorney
If you suffered harm because of a medical provider’s actions or lack of action, personal injury laws provide a process for you to obtain compensation while holding the negligent parties responsible. A successful suit could pay for your out-of-pocket costs and compensate you for non-monetary losses. Call our compassionate and skilled Paramus medical malpractice lawyer today and book your free consultation.
