When you visit your doctor or have a medical procedure performed in New Jersey, you likely expect to be treated in a professional manner while receiving the proper care. However, there are some situations that could result in the need to file a malpractice claim.
Professional duty
One of the first elements of medical malpractice that needs to be proved is that there is a professional duty to the patient. The care could be provided by a doctor, nurse, or a medical facility as long as there is a clear duty to provide some kind of healthcare. This can often be determined with ease if someone is an established patient of the doctor or the healthcare facility.
Breach of care and causation
When there is a violation of medical care provided, then a breach has occurred. This means that the professional has not offered the standard of care for the patient, which results in the lack of proper medical attention. If there is a breach of care, then it could result in significant long-lasting side effects or even death. Common breaches include not caring for a patient within an adequate amount of time, misdiagnosing an illness or injury, or performing the wrong procedure.
Damages
If there is any harm caused by the actions of the doctor or facility, then the damage has occurred. The person who commits the actions that result in the injury, illness, or death of the patient would be responsible for the consequences of those actions, such as payments to the patient or the patient’s family.
In order for a medical malpractice claim to be filed, there are a few elements that need to be present in order for all of the pieces to fit together and deliver the results that the patient desires.