When you decide to get medical care of any kind, you expect the provider to act responsibly and keep you safe. Unfortunately, that expectation isn’t always met. Medical malpractice is an issue that affects thousands of people each year, leading to serious injuries and even fatalities. Not receiving adequate care can leave you with physical trauma and emotional issues like PTSD and depression — not to mention financial strain. If that’s what you’re dealing with right now, it’s time to hire Trenton medical malpractice lawyers.
With a medical malpractice lawyer helping you, you have the chance to file a claim to recover damages. At Wapner Newman, our team of experienced lawyers will work hard to prove that you were a victim of a medical professional’s negligent or wrongful conduct.
Call Wapner Newman at (215) 569-0900 to speak with a Trenton medical malpractice attorney.
Why Choose Us?
Trusting Experienced Lawyers
After suffering injuries because of medical malpractice, it can be tough to reach out for help. Your trust is likely affected, and with good reason, which is why we ensure that you feel supported and respected from the moment you walk into our office. We know how much stress you’re under, and we can offer the exact guidance you need.
At Wapner Newman, our Trenton medical malpractice attorneys have over 40 years of experience helping those who have put their trust in medical professionals and suffered for it. We have won millions of dollars for our clients in settlements and jury awards, and we’ll fight on your behalf to get you fair compensation, too.
What to Know About Trenton Medical Malpractice Claims
Medical malpractice occurs when a healthcare provider fails to meet accepted standards when treating patients. Any deviation in care is considered medical malpractice. To be able to file a claim, however, you need to meet a few requirements.
First, you need to show that the defendant owed you a duty of care and that they breached it. Proving that they deviated from standard care is the most difficult aspect of these claims since it requires extensive knowledge of medical procedures. Most of the time, the only way to prove this is by contacting expert witnesses to offer testimony that shows a reasonable and skilled provider would have acted differently in the same circumstances. Once you’ve established that a breach of care has occurred, you have to show that it resulted in injuries for which you can be compensated.
Something else to keep in mind is that you have to abide by statutes of limitations with medical malpractice claims. In New Jersey, you have two years from the moment the injury occurs or from when you discover the injury. If you miss the deadline, you won’t be able to present your claim.
Because of the complexities involved in the process of filing a medical malpractice claim, it’s essential that you have a New Jersey medical malpractice lawyer helping you. With a lawyer, you can focus on healing and not on the stressful process of gathering evidence and negotiating with insurers.
Wapner Newman recently recovered $8.4 million for a client who suffered brain damage because of a delayed diagnosis.
Most Common Types of Medical Malpractice
Here are the most common types of medical malpractice that can result in serious injuries.
Delayed Diagnosis or Misdiagnosis
If a medical professional fails to diagnose a condition in a timely manner or diagnoses it incorrectly, you can suffer serious consequences. In many instances, a delayed diagnosis can make the condition untreatable, as can occur with certain kinds of cancers. A misdiagnosis can mean receiving the wrong treatment, which not only will not help but could actively harm you. Keep in mind that for a misdiagnosis to be considered negligence, the healthcare provider has to have missed something that other doctors wouldn’t have.
Surgical Errors
Surgeries are already complex and risky procedures, but a negligent provider can make them life-threatening. Surgical errors can include:
- Leaving medical equipment inside the patient
- Performing unnecessary surgery
- Performing the wrong procedure
- Not using sterile surgical instruments
- Causing avoidable damage to nerves, organs, or other tissues
- Not offering adequate aftercare.
All of these things could have been avoided, so you would likely have the right to file a medical malpractice claim.
Birth Injuries
Birth injuries are those that occur during birth because of a provider’s using too much force, delaying ordering a C-section, or not monitoring the baby and mother. For example, one of the most common types of birth injuries is Erb’s palsy, which occurs when a doctor pulls on the baby’s head with too much force, damaging the nerves of the brachial plexus.
Failure to Treat
Failure to treat is different than a misdiagnosis — it involves a correct diagnosis but a failure to follow through on treating it. It can include actions like discharging a patient too soon or not scheduling appropriate aftercare.
Anesthesia Errors
Anesthesia is essential during surgical procedures, but if an anesthetic is not correctly administered it can lead to serious consequences, including fatalities. You may have received the wrong dose or not been given instructions on how to prepare for the anesthesia. These and other types of malpractice can cause injuries.
Prescription Errors
Even if you receive an accurate diagnosis, your doctor could mistakenly prescribe the wrong medicine or the pharmacist could make an error when filling the prescription. These mistakes could result in allergic reactions and a variety of other negative effects.
Damages Available in a Medical Malpractice Claim
Getting Compensation for Your Losses
If you file a medical malpractice claim, you can recover economic and non-economic damages. Economic damages compensate you for financial losses, beginning with medical expenses. If the malpractice resulted in injuries that require ongoing care, you can get coverage for that, too, as well as for any expenses involved in making adjustments to your home or vehicle to accommodate a disability.
You can also claim lost wages as part of economic damages. If you’re not able to return to work because of the injuries you sustained, you can claim loss of earning potential.
Non-economic damages compensate you for non-financial losses. These include pain and suffering as well as loss of enjoyment of life if you’re unable to live as you did before the malpractice occurred.
Medical Malpractice FAQs
If you’ve suffered because a healthcare provider’s care fell below the standard, you might be unsure about the options you have. At Wapner Newman, our medical malpractice lawyers offer answers to some crucial questions.
What do I have to prove to win a medical malpractice claim?
In a medical malpractice claim, you have to demonstrate that the healthcare provider owed you a duty of care that they breached. You have to show that a skilled and competent doctor would not have acted in the same manner. You then have to demonstrate that their negligent conduct led to the injuries you suffered and that you can be compensated for those injuries.
Who’s liable in a medical malpractice claim?
There may be a few people liable in these kinds of claims. You can hold the individual healthcare provider responsible and, in some cases, their employer, including hospitals and clinics. Each case is unique, however, so you need to have a medical error attorney to help you determine what your options are.
Do I need a lawyer for a medical malpractice claim?
Medical malpractice claims are very complex, so it is always important to have a lawyer helping you. One of the most challenging aspects of these claims is demonstrating that the provider deviated from the accepted standard of care. This requires getting testimony from medical experts. Your lawyer can gather all of the necessary evidence to prove your claim.
Another important thing to consider is that the defendant will have lawyers. If you’re suing a hospital or clinic, they likely have a group of attorneys ready to defend them. You can’t go against these legal teams on your own. If for any reason they dispute the facts of the case, your lawyer can take your case to court and advocate for you there.
What is my medical malpractice claim worth?
A few factors can impact what your claim is worth, including the severity of the injuries, how they can impact your life, and how long it will take to recover from them. It’s difficult to accurately pinpoint how much your case is worth, but your lawyer can give you an idea of what to expect during your consultation.
To get more answers to the questions you have about filing a medical malpractice claim, contact our team at Wapner Newman.
Schedule a Free Consultation With Our Team
When you go to a healthcare provider, you expect and deserve to get appropriate care. If a healthcare professional was negligent and their conduct resulted in injuries, you have the right to file a claim. At Wapner Newman, we provide experienced representation to help you get fair compensation for your losses.
Contact an experienced medical malpractice lawyer at Wapner Newman by calling (215) 569-0900.