Have I Been a Victim of Medical Malpractice? 10 Questions to Ask Yourself
Medical malpractice occurs when a medical provider injures a patient by failing to render care within the applicable standards. If your medical provider’s care fell below the applicable standards and you suffered an injury as a result, you may have been the victim of medical malpractice.
The Ten Questions to Ask Yourself and Your Family
If you think you’ve suffered from medical malpractice, the following are questions you and your family should ask to determine whether you may have a claim for compensation:
- Did you suffer a severe or permanent injury while under the care of a medical professional?
- Did your medical provider withhold information about your condition, or fail to diagnose to notify you of a risk of a medical procedure that caused your injury?
- Did your health insurer question tests or procedures that your medical provider wanted to perform, delaying treatment or keeping you from getting appropriate treatment?
- Did you suffer a delay in treatment due to a failure to test or timely diagnose?
- Did you or your child suffer a birth injury?
- Did you take prescription medication that caused your injury?
- Did your medical provider fail to refer you to a specialist and you subsequently suffered a worsening of your condition?
- Was equipment used during your medical procedure broken, defective, or used improperly?
- Did your medical provider fail to follow up on an abnormal test result or observation of your medical condition?
- Were you discharged from care and later suffered a worsening of your condition?
What to Do If You’ve Answered “Yes” to Any of the Ten Questions
If you answered yes to any of the above questions, you may have a potential medical malpractice claim. It is important to remember that not every bad or less than perfect outcome of medical treatment is the result of malpractice. Medical care is incredibly difficult, and it is possible for a medical provider to make no mistakes in treatment but the patient still has a less-than-ideal outcome. Instead, medical malpractice only occurs when a medical provider renders treatment that falls below the applicable standard of care and a patient suffers harm and a compensable injury as a result.
The applicable standard of care varies in each patient’s case. However, it is generally defined as the acts that another reasonable medical provider of similar training and experience would have done under identical circumstances in the same geographic community. For example, if your doctor failed to order a test in your case, but other doctors of similar training and experience also would not have ordered that test in your case, then your doctor likely has not committed medical malpractice in your case.
How a Medical Malpractice Attorney Can Help
If you believe that you or a loved one have been the victim of medical malpractice, an experienced attorney can help you pursue your case. An attorney can review the facts of your case to advise you whether your unfavorable outcome in your treatment may have been the result of your medical provider’s malpractice. If you have a viable medical malpractice claim, an attorney can pursue compensation on your behalf, negotiating with your medical provider and their insurer to secure a full and fair settlement. If necessary, an attorney can prepare your case to go to trial to ensure that you receive maximum value from your case.
Contact a Red Bank Medical Malpractice Attorney for a Consultation About Your Case in New Jersey
Were you or a loved one injured due to medical malpractice in New Jersey? Then you need to talk to an experienced medical malpractice lawyer as soon as possible for guidance on how to proceed. The Red Bank attorneys at Drazin & Warshaw, P.C. are prepared to assist you with your legal claim. We represent victims of negligent surgeons, doctors, nurses, and pharmacists in New Brunswick, Perth Amboy, East Brunswick, Old Bridge Township and throughout Middlesex County, Monmouth County and Ocean County, New Jersey. Call Drazin & Warshaw, P.C. today at (732) 576-8860 or fill out our online contact form to schedule a consultation. Our main office is located at 25 Reckless Place, Red Bank, NJ 07701, and we also have offices in Hazlet and Brick.
The articles on this blog are for informative purposes only and are no substitute for legal advice or an attorney-client relationship. If you are seeking legal advice, please contact our law firm directly.
