There’s nothing more devastating than visiting your doctor for a routine procedure only to end up with further injuries. As medical professionals require extensive training, it’s easy to place a full amount of trust in them. However, doctors and nurses are human, which means they can make mistakes and oversights. However, these blunders come at your expense. If you’re the victim of medical malpractice, hiring a Monmouth County medical malpractice attorney can help fight for the justice you deserve.
Is Medical Malpractice Different Than Negligence?
It’s essential to understand the differences between medical malpractice and negligence when determining whether or not you have a case. Though the two instances are similar in that a healthcare professional makes a mistake that leads to harm, determining intent is a crucial factor.
If the healthcare professional makes a mistake that accidentally leads to further injury, this is negligence. However, if the doctor makes a decision knowing the potential outcomes and still goes through with their actions, it would be considered malpractice.
For example, if a doctor performs surgery and accidentally injures a patient, it could be considered negligence. It would be deemed malpractice if the doctor performed an unnecessary surgery that could have been determined unneeded if they ran further testing.
Who Is Responsible for Medical Malpractice Claims?
If you’re the victim of medical malpractice, it may feel like you won’t get justice. After all, healthcare professionals have plenty of lawyers to help cover damages and ensure they’ll be protected in instances of malpractice.
However, you will still want to fight for justice. You can sue the direct healthcare professional the completed the action that caused the injury, as well as the hospital or healthcare center where the provider is employed. If the employee was on the clock and performing an activity they were hired to do, and the hospital received financial gain from the action, the institute can be liable for injuries you have suffered.
In most cases, you can sue the hospital for hiring an unqualified individual, continuing to employ a negligent provider, or for understaffing that led to your injuries.
When Should I Speak With an Attorney?
Speaking with an attorney as soon as possible is crucial to ensuring your case is as viable as possible. Waiting too long to file a claim against a hospital can lead to lost files and forgotten memories.
Similarly, New Jersey has a two-year statute of limitations for filing medical malpractice claims. However, if you did not know you were a victim, you can file two years after the discovery date.
Nonetheless, ensuring you speak with an experienced malpractice attorney can help recover damages for your mental and physical injuries. You may also be able to receive compensation for work missed as a result of the malpractice. The Wilton Law Firm can help review your case, examine the evidence, and fight for you.
