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Medical malpractice, also referred to as medical negligence, is a serious issue. The healthcare professionals that commit malpractice should be held responsible for negligently causing further harm to their patients.
However, it might be hard to find your way past the hurdles that defendants place between you and your recovery. A Pennsauken Township medical malpractice lawyer could provide the assistance you need to get you the compensation you need to move forward. As a local personal injury attorney, he or she could assist you with you filing your case and help you make informed decisions along the way.
The Medical Standard of Care
The law mandates a heightened standard of care for professionals carrying out their duties. For example, all licensed physicians owe a medically accepted standard of care to their patients and could face civil liability for breaching their duty to provide standardized care.
A judge would determine the applicable medical standard of care on a case by case basis by evaluating what any prudent health care professional with the same training and experience would do under similar circumstances as the defendant’s. In order to prove a doctor’s malpractice, a Pennsauken Township medical negligence attorney would have to demonstrate that the healthcare provider caused an injury to the plaintiff by deviating from the medical standard of care.
Medical Negligence Claims in Pennsauken Township
There are three common medical malpractice claims in Pennsauken Township: failure to warn, failure to diagnose, and improper treatment. Failure to warn cases involve patients who were not properly informed by their attending physician about potential risks related to the treatment they underwent.
A failure to diagnose a claim would arise when a plaintiff can show that he or she would have had a better outcome in his or her health if his or her doctor had made an accurate diagnosis under the standard of care. Lastly, improper treatment malpractice cases seek to hold medical professionals liable for failing to administer a course of treatment that a competent doctor would have administered under similar circumstances.
Statute of Limitations
The first step to obtaining fair and adequate compensation for your injuries is filing a timely claim. Medical negligence lawsuits must be filed within two years of the date of the healthcare provider’s error, or from the date the plaintiff discovered his or her injury or illness that resulted from the medical error.
It is also necessary to file an affidavit of merit within 60 days of the defendant’s response to the lawsuit, according to New Jersey Statutes §2A:53A-27.
In the affidavit, a licensed healthcare professional who practices in the same field as the defendant must attest to his or her deviations from the medical standard of care. A Pennsauken Township lawyer could help an injured patient validate his or her claim of medical malpractice by collecting expert testimonies on his or her behalf.
Contact a Pennsauken Township Medical Malpractice Attorney Today
Determining how to move on after suffering through an injury or illness resulting from a medical error can be overwhelming without experienced legal counsel. Fortunately, a Pennsauken Township medical malpractice lawyer could provide you with legal support and strong advocacy in court.
Let our team help you assert your right to compensation from the medical professionals that have caused your losses. Learn more about your potential claim for recovery by scheduling a consultation today.