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Medical malpractice occurs anytime a doctor or healthcare professional deviates from what is known as the standard of care. When anyone is receiving any type of medical care—whether it is a doctor, a nurse, a physical therapist—there is a standard of care that should be followed. When a medical professional deviates from that accepted standard of care and that results in injury to their patient, malpractice has occurred.
If you believe you have been injured due to a healthcare professional’s negligence, contact a Cherry Hill medical malpractice lawyer to investigate and build your case. A skilled personal injury attorney who has experience in these cases can work hard to fight for your right to compensation.
Why Choose a Cherry Hill Medical Malpractice Lawyer?
After suffering an injury caused by the very provider you turned to for medical care, it can be challenging to move forward on an injury claim while you’re trying to recover and come to terms with what occurred and the painful results. By choosing an accident attorney in Cherry Hill you can focus on your physical recovery while we focus on your financial recovery. The malpractice attorneys at Grungo Law have won over $135 million for New Jersey clients, including those suffering from injuries caused by medical malpractice. By choosing an attorney from Grungo Law, you’ll have the following advantages in your case:
- A team of legal minds with years of experience and a strong track record of success
- A Cherry Hill personal injury attorney with a strong reputation and access to medical experts and other valuable resources in the Cherry Hill area
- Skilled investigators to determine liability in your case and document the evidence for a compelling case
- Experienced negotiators to maximize your compensation in an out-of-court settlement
- Practiced litigators who use both cutting-edge technology and classic advocacy methods in court if required to secure your compensation
Contacting our Cherry Hill malpractice attorneys today is an important first step toward financial relief and a sense of justice for your injury.
Types of Medical Malpractice Cases Our Cherry Hill Attorneys Handle
Medical malpractice continues to occur in medical facilities despite advancements in safety protocols. The attorneys at Grungo Law commonly handle malpractice cases in Cherry Hill for clients suffering from the following types of medical mistakes and negligence:
- Delayed diagnosis
- Medication mistakes
- Birth injuries
- Failure to treat
- Anesthesia errors
- Emergency room error
- Post-operative infection
- Failure to obtain informed consent to treatment
- Failure to warn about medication risks or contraindications
When a doctor or other medical provider makes an error or commits negligence, the results can be life-altering for the victim. Even in less severe cases, a medical mistake can cause pain and suffering for victims who may be unable to return to work while they recover. Many victims of medical malpractice suffer financial hardship as a result of the error. A successful medical malpractice claim can relieve undue financial burdens on victims.
If a medical mistake results in the victim’s death, a Cherry Hill wrongful death attorney can help close family members recover compensation for the loss of a family provider as well as compensation for their grief and anguish.
Defining Medical Malpractice
In New Jersey, a deviation from the standard of care is considered malpractice. Many times, the doctor will say that they made a mistake, but if that mistake is a deviation from the standard of care, it is considered malpractice. Some mistakes that are made are harmless mistakes and therefore, malpractice has not been committed because one also needs to prove damages. There needs to be a standard and if that standard has been deviated or has not been followed, then that is considered malpractice under the law, whether or not the doctor wants to call it a mistake.
Medical malpractice cases are very complicated areas of the law in New Jersey. It is very important that somebody who suspects they have been a victim of medical malpractice find an experienced Cherry Hill medical malpractice lawyer. There are many potential pitfalls in handling a medical malpractice case unlike an auto case and many other types of injury cases only an experienced attorney can make sure somebody’s rights are protected.
Causes of Medical Malpractice In Cherry Hill
Despite safety protocols in place in hospitals and other facilities, unwanted outcomes from medical malpractice continue to occur in Cherry Hill and throughout New Jersey. These cases wouldn’t occur if medical providers rigidly adhered to the standards of treatment accepted by the medical community. Common causes of medical malpractice include:
- Poor facility hiring practices
- Poor staff training practices
- Communication failures between facilities
- Poor record-keeping policies
- Inadequate hygiene procedures
- High employee turnover rate
- Overworked medical staff and physician “burnout”
- Knowledge gaps in physicians, nurses, and pharmacists
Some studies reveal medical malpractice as the third leading cause of death in the United States, leading to many medical facilities updating safety protocols and standards. However, medical malpractice continues to be a significant problem in hospitals and clinics, including in Cherry Hill and the surrounding region.
Proving Liability in Medical Malpractice in New Jersey
There are several elements to proving a doctor or medical provider liable in a medical malpractice case. In order for their medical malpractice insurance to pay out on your claim, it isn’t enough to prove that they deviated from the accepted standard of care for your condition. Liability requires meeting all of the following points in a case:
- Showing that a doctor (healthcare provider)/patient relationship existed at the time of the malpractice
- Showing that the provider had a special duty of care in this relationship to treat you with the accepted standard of care or the way another reasonable medical professional would have under the same circumstances
- Showing that the doctor breached that duty of care by acting negligently
- Showing that the negligence directly caused your injury
- Proving that you sustained real economic and non-economic damages from the malpractice incident
The Cherry Hill medical malpractice lawyers have extensive experience in investigating this type of claim to prove liability.
Investigating a Medical Malpractice Claim in Cherry Hill
A skilled investigator in a medical malpractice case will conduct a thorough investigation of your injury to determine what form of malpractice occurred in your case and who is liable for the damages. Documenting this evidence requires the following actions on the part of your medical malpractice attorney from Grungo Law:
- An investigation of your injury to document the names and qualifications of every healthcare provider involved in your care, including doctors, nurses, pharmacists, administrators, and pathology labs
- Obtain your medical authorization to review all medical records related to your case
- Subpoena any records the facility fails to turn over for examination
- Take depositions of providers and eyewitnesses
- Consult with medical experts about the severity of the injury and its long-term implications
Once your attorney gathers evidence in your case they’ll carefully calculate your damages to maximize the amount you can claim in damages and then present a demand package to the medical malpractice insurance company of the provider at fault for your injury. Once the insurance company reviews an evidence-backed demand package, they’ll begin negotiating with your attorney from Grungo Law to arrive at a settlement amount. Only in the relatively rare event that the at-fault party’s insurance provider fails to offer an acceptable settlement amount does the case go to court in a medical malpractice lawsuit. Your attorney will diligently file a lawsuit within New Jersey’s two-year statute of limitations for medical malpractice cases.
What to Do If You Suspect Medical Malpractice in Cherry Hill?
If you suspect that your medical provider’s negligence or mistake worsened your condition or caused a new injury or illness, you should immediately get a complete medical evaluation by a trusted doctor from another facility and do the following:
- Bring a copy of your medical records from the facility where the malpractice occurred
- Tell the doctor about all of your symptoms even if they seem minor or unrelated
- Ask the doctor to make a detailed medical report with their evaluation of your condition, their findings related to the malpractice, their treatment recommendation, and your prognosis
- Follow all of the doctor’s recommendations carefully, fill every prescription, and attend every appointment and followup
- Save all medical records and bills
- Call the medical malpractice attorneys at the Cherry Hill Law Firm of Grungo Law for a free evaluation of your case.
Expectations for an Initial Consultation
During an initial consultation for somebody who suspects that they have been injured, a Cherry Hill medical malpractice lawyer will spend time gathering the necessary information to investigate whether or not malpractice has been committed. Because somebody has been injured at the hands of a doctor or a medical provider does not automatically mean malpractice was committed. An experienced attorney will, under the proper authorizations, obtain medical records and have those medical records reviewed. They will try to intelligently tell a potential client whether or not there is a likelihood that malpractice was committed and a recovery could be made.
At Grungo Law, we require no upfront payments and only take a fee after we secure your ample compensation through a settlement or court award.
What Damages Can I Recover After a Medical Malpractice Claim?
We trust our doctors with our health and our very lives. It’s distressing to find out that a medical mistake or negligence caused harm. In some cases, the damage could cause escalating medical bills to treat a worsened condition or new condition or injury caused by the malpractice. A successful malpractice claim could help you gain compensation for the following:
- Medical costs
- Future medical costs if you’ll need further care due to the malpractice incident
- Lost wages if you needed time away from work to recover
- Pain and suffering
While monetary compensation can’t actually erase your malpractice injury or heal your pain, it can open the door to medical care to facilitate the best possible recovery and help relieve financial damages caused by the malpractice.
How Much is My Cherry Hill Medical Malpractice Claim Worth?
Your medical malpractice attorney in Cherry Hill can give you a detailed estimation of the damages in your unique case and how much compensation you can expect in your claim. Compensation amounts depend on the severity of the injury and whether or not it causes long-term financial hardship, pain and suffering, and loss of enjoyment of life due to disability. The average medical malpractice case in 2022 resulted in $434,000 in compensation for damages for clients.
A skilled attorney will carefully investigate your case to ensure that you seek the maximum available damages for your injury.
Will I Have to Go to Court?
The vast majority of personal injury cases are settled out of court, including medical malpractice claims. Less than five percent of cases go to trial. This means that few victims of medical malpractice ever have to step foot into a courtroom. Having a skilled attorney with a strong track record of success behind your claim helps during negotiations with malpractice insurance companies for a medical malpractice claim.
Having a strong negotiator and avoiding a jury trial benefits most malpractice victims since studies show that juries more often side with doctors compared to other personal injury defendants. Litigating the matter in court is also more expensive and time-consuming for the injury victim. A successful settlement puts money in the injury victim’s hands quickly so they can focus on maximizing their recovery with fewer financial concerns.
Contact a Cherry Hill Medical Malpractice Attorney
Sometimes, when investigating cases, attorneys and their clients may find that there was no malpractice committed, and that alone is helpful to that individual to know that the doctor did not do anything wrong. The problems that they are having or the complications they are having may not be a result of what the doctor did, and that alone can really help people get past the complications.
There is not just a consideration of money at the time of the incident, but also a consideration of if future treatment is needed, and where this amount of money is going to be able to help these individuals. This compensation is going to be able to provide them with the money that they need to live their life the way they would have if this event never occurred. Call us now.