Medical Malpractice
Lawyer in New Jersey

Types of Medical Malpractice Claims in NJ

• Deviation from the Standard of Care. This is more commonly known as medical malpractice
• Lack of Informed Consent
• Battery. Unauthorized touching or invasion of the patient’s body. Example: doctor did not obtain consent for a procedure and did it anyway

What is Needed to Prove a Claim Against Doctor for Medical Malpractice?

1. Medical provider was negligent in the diagnosis and/or treatment and that this was a substantial factor in causing your injury or death.
2. Informed Consent Case: The risk of injury that you sustained as a result of medical treatment would have influenced a prudent patient in reaching a decision on whether to undergo the treatment.
3. Battery Case: Proof of unauthorized invasion of the patient’s person, even if harmless, entitles you to nominal damages.
4. Wrongful Birth Claim: (a) medical provider failed to recommend or provide sufficient information that a reasonable patient would expect to be told abut genetic counseling or screening, failed to perform a prenatal test, misinterpreted the prenatal test results, or in some other manner; (b) if the test was properly performed or interpreted, in some cases it would have disclosed the possibility of a problem with the child; and (c) if the pregnant individual was advised of the possibility of a birth defect, she would have terminated the pregnancy.

Most Common Examples of Medical Malpractice Cases

• wrong leg amputated
• doctor failed to properly diagnose the problem or misdiagnosed the problem
• you agreed to one surgery, but the doctor did another
• a sponge or instrument was left inside your body cavity after surgery
• doctor failed to order necessary tests to properly diagnose your medical condition
• bile duct was severed during gall bladder surgery
• died during routine surgery
• the doctor failed to warn of child being born with a birth defect
• failure to respond properly to fetal distress
• incorrect prescription dosage prescribed
• puncturing internal organs during surgery
• use of defective products during surgery

Damages Available

• Pain and suffering 
• Medical expenses
• Lost earnings 
• Out of pocket costs
• In cases of death, lost value of services, such as, companionship, care, loss of advice, guidance, future financial contributions

Potential Medical Personnel Who Could be at Fault for Your Injury

• doctor
• hospital
• x-ray technician 
• lab technician
• emergency room
• pharmacist
• nurse
• physical therapist
• physician’s assistant