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When you hear the words “medical malpractice lawyer,” you immediately think that the doctor made a mistake and is now being sued. Maybe the doctor failed to provide information about the risks of surgery. Maybe the doctor did a bad job when performing the surgery, amputated the wrong leg or left a sponge inside your body. There are several types of medical malpractice claims that you can sue for if you believe and can prove that the doctor did something wrong.

medical malpractice lawyer at The Rubinstein Law Firm, LLC helps individuals and their families who have been injured or worse yet, died, as a result of a doctor, nurse or other medical professional’s mistake or wrongdoing.

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

How Can a Medical Malpractice Attorney at The Rubinstein Law Firm, LLC Help Me and My Family?

No attorney will ever be able to fix what the doctor did to harm you. We will not be able to obtain a new body part to replace the one that the doctor damaged. However, what we can do is assist you in making this very unfortunate time a lot easier and obtain the full amount of compensation for you under the law. 

If you or someone you love has been injured by a medical professional’s wrongdoing or mistake, you do not have to pay to see a lawyer. The Rubinstein Law Firm, LLC, offers free initial consultations where you can discuss your case with an experienced trial lawyer at no cost. Call The Rubinstein Law Firm, LLC at (609) 392-7600 for a FREE consultation.