Do I Have a Case? Signs of Medical Negligence in New Jersey

Healthcare professionals are expected to provide a certain standard of care. When they fail to meet that expectation, resulting in patient harm, it can give rise to a medical malpractice claim. If you’re unsure whether you have a case, understanding the common signs of these errors and how New Jersey law addresses malpractice can help you take the next steps.

What Constitutes Medical Negligence?

Medical negligence occurs when a doctor, nurse, or hospital doesn’t follow proper medical standards, causing injury to a patient. The “standard of care” refers to the treatment a qualified professional would provide in a similar situation.

To succeed in a malpractice lawsuit, four elements must be proven:

Duty of Care: The provider owed the patient proper care.
Breach of Duty: The care given fell below accepted standards.
Causation: This breach directly caused injury or harm.
Damages: The patient suffered physical, emotional, or financial loss.

Recognizing signs of malpractice is crucial in determining whether you may have a valid claim.

Misdiagnosis or Delayed Diagnosis

One of the most common forms of medical negligence involves misdiagnosis or delayed diagnosis. If a doctor fails to correctly identify a patient’s condition or takes too long to diagnose a serious illness, the patient may miss critical treatment opportunities. For instance, misdiagnosing cancer can result in delayed treatment, leading to a more advanced stage of the disease.

Signs of misdiagnosis or delayed diagnosis:

Your symptoms persist or worsen despite treatment.
Another doctor gives you a different diagnosis that better fits your condition.
You received treatment for a condition that you don’t have.

Surgical Errors

Surgical errors can have devastating consequences for patients. These errors may include operating on the wrong body part, leaving surgical instruments inside the body, or making mistakes during surgery that cause unnecessary harm.

Signs of surgical negligence:

Unexplained complications after surgery.
Discovery of foreign objects, like sponges or instruments, left in your body.
Infection or injury to surrounding organs or tissues due to surgical mistakes.

Medication Errors

Medication errors occur when patients receive the wrong medication, an incorrect dosage, or medication that interacts negatively with other drugs. These errors can lead to adverse reactions, worsening of the condition, or even death.

Signs of medication errors:

You’re given medication that doesn’t correspond to your diagnosis.
Your symptoms worsen or new symptoms arise after taking the prescribed medication.
Hospital staff administer incorrect doses or medications.

Anesthesia Errors

Anesthesia plays a critical role in many surgical procedures, but mistakes with anesthesia can result in severe injuries or even death. Anesthesia errors include administering too much or too little anesthesia, failing to monitor the patient properly, or neglecting to check the patient’s medical history for allergies or reactions.

Signs of anesthesia negligence:

You wake up during surgery due to insufficient anesthesia.
Prolonged or unexpected recovery time after anesthesia.
Nerve damage, brain injury, or death due to complications from anesthesia.

Childbirth Injuries

Medical negligence during pregnancy, labor, or delivery can lead to complications for both the mother and the baby. Common childbirth injuries include brain damage, fractures, or even death. Improper use of delivery instruments, failure to monitor fetal distress, and failure to perform a timely C-section are all examples of medical malpractice in childbirth.

Signs of childbirth-related medical negligence:

The baby suffers from conditions such as cerebral palsy or Erb’s palsy due to delivery complications.
The mother experiences excessive bleeding or other avoidable complications.
Failure to diagnose and treat pregnancy complications such as preeclampsia.

Failure to Obtain Informed Consent

Before undergoing any treatment or procedure, patients have the right to receive all relevant information regarding the risks, benefits, and alternatives. If a healthcare provider fails to provide this information, and the patient suffers harm as a result, it may constitute medical negligence.

Signs of failure to obtain informed consent:

You were not informed about potential risks or alternative treatments.
You underwent a procedure that you didn’t fully understand.
Your condition worsened after treatment, and you were unaware of the possible outcomes.

Inadequate Follow-Up or Aftercare

Once a patient is discharged or completes a procedure, follow-up care is essential for recovery. Failure to provide appropriate aftercare, including post-surgical instructions or follow-up appointments, can lead to complications and further adverse effects.

Signs of inadequate follow-up care:

You were discharged too early without proper instructions.
No follow-up appointments were scheduled after a major procedure.
You developed an infection or other complications due to lack of monitoring.

Filing a Medical Malpractice Claim in New Jersey

If you believe you’ve been a victim of medical negligence in New Jersey, there are steps you can take to initiate legal action. The first and most important step is to consult with an experienced medical malpractice attorney who can assess your case and guide you through the legal process.

Here are the steps to take:

Gather Medical Records: Collect all relevant medical records, including diagnoses, treatment plans, prescriptions, and post-treatment notes. These records are essential to proving negligence.
Get a Medical Expert’s Opinion: In New Jersey, you’ll need a medical expert to review your case and provide a sworn affidavit stating that the care you received falls below acceptable medical standards.
Understand the Statute of Limitations: New Jersey has a two-year statute of limitations for medical malpractice claims, starting from the date the injury occurred or when you reasonably discovered it. It’s crucial to act within this time frame to preserve your rights.
File a Complaint: Your attorney will help you file a complaint in the appropriate court, outlining your allegations and the damages you seek.
Prepare for Settlement or Trial: Most medical malpractice cases settle out of court, but if a settlement cannot be reached, your case may go to trial.

Why Work with Drazin & Warshaw?

At Drazin & Warshaw, we understand the complexities of medical malpractice cases and the emotional toll they take on patients and their families. Our team of experienced medical malpractice attorneys in New Jersey is committed to fighting for the rights of those who have suffered due to the negligence of healthcare professionals.

We have successfully handled a wide range of medical malpractice cases, including surgical errors, misdiagnoses, and childbirth injuries. If you believe you’ve been harmed by medical mistakes, we are here to help you seek justice and fair compensation for your injuries.

Protecting Your Rights After Medical Negligence in New Jersey

Healthcare provider errors can have devastating consequences for patients, and recognizing the signs is the first step toward seeking justice. If you suspect that you or a loved one has been a victim of medical malpractice in New Jersey, consult with an experienced attorney at Drazin & Warshaw. We are dedicated to providing compassionate, effective legal representation to help you obtain the compensation you deserve.

Speak to an Experienced New Jersey Medical Malpractice Attorney Today

If you or a loved one believe you’ve been harmed by substandard medical care in New Jersey, don’t wait to seek legal help. The experienced attorneys at Drazin & Warshaw are dedicated to representing patients harmed by medical malpractice throughout New Jersey, including Red Bank, Brick, and Hazlet. We have a proven track record of securing compensation for our clients in cases involving misdiagnosis, surgical errors, and more. Contact us today for a free consultation and let us help you fight for the justice you deserve.

Call us at (732) 333-8141 or fill out our online form to get started on your case.