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NJ Medical Malpractice Attorney

Malpractice by  a doctorWhat Constitutes Medical Malpractice?

Medical malpractice refers to professional malpractice by a healthcare provider in which treatment provided was substandard and caused harm, injury or death to a patient. Medical malpractice law provides a mechanism for injured parties to recover compensation from any harm that results from such substandard treatment. The healthcare provider is responsible for injures that result from their deviating from the quality of care that a competent doctor would normally provide in similar circumstances and which resulted in harm or injury to the patient.

There are approximately 17,000 malpractice suits filed against doctors in the United States on an annual basis. The majority of claims are related to diagnostic errors, and those errors often cause severe patient harm and lead to the biggest compensation awards. Statistics show that approximately 195,000 people are killed each year by medical errors in the U.S. A 2000 study in the New England Journal of Medicine reported that 75% of physicians in low risk specialties and essentially 100% of physicians in high risk specialties face a malpractice claim during their careers.


The Most Common Types of Medical Malpractice Cases

The most common causes for medical malpractice cases include the injuries caused by actions such as prescription drug mistakes, child birth injuries and surgical mistakes. We discuss each of these below. You can also find out information on a claim for failure to diagnose a medical condition in New Jersey.

Prescription Drug Mistakes

Prescription BottlesErrors relating to prescription drugs are a common form of medical malpractice. The side effects and damage caused by a prescribed drug can form the basis of a medical malpractice claim if a patient is negligently given the wrong medication. All parties who are involved with the prescribing and administering of medication of the wrong medication can be liable for the patient being administered that substance. Those who can be held responsible include, but are not limited to, physicians, nurses, hospitals, the hospital pharmacy department, pharmacists, as well as, in some cases, the pharmaceutical manufacturer.

In some cases, administration of the wrong medication can be caused by a mistake, bad handwriting on the prescription or mislabeling of the prescription’s box or bottle. The impact of a patient receiving a wrong medication can range from inconsequential to fatal, depending on the severity of the patient’s condition and the nature of the medication that was wrongfully prescribed.

Although not at the fault of the medical professional, individuals can also have a claim related to prescription medications due to a prescription drug recall.

Child Birth Injuries

Child BirthMedical malpractice can occur before and during a child’s delivery. Sometimes a doctor will fail to recognize a preexisting disease or condition which may have serious health consequences for both the mother and the fetus. Physicians may also be held liable for injuries to the baby during childbirth that are the result of improper use of medical equipment, such as vacuum extractors and forceps. There are all different types of birth injuries, the most common ones being brain or spinal damage, infection, cerebral palsy, external injuries, internal injuries, cephalhematoma and facial paralysis.

Some causes attributed to the above conditions include, but are not limited to, the following:

Without question, any injuries suffered to your child during the first moments of his or her life can be absolutely devastating to the child and you as a parent. In the unfortunate event your child has suffered a birth injury as a result of the negligence of a doctor or healthcare professional, please contact the NJ Medical Malpractice Attorney at Villani & DeLuca who will help you uncover the facts and receive the just compensation you deserve. Please call today to schedule your free consultation.

Surgical Mistakes

operationThe most common types of surgical malpractice include foreign objects being left in the body. Surgeons use a variety of tools when performing surgery, such as scalpels, clamps, gauze and suction devices. Many of these devices are required to be inserted temporarily into the body to allow for a successful surgery. Unfortunately, if the surgical team does not conduct a complete inventory of their apparatuses prior to the closing of the wound, it is conceivable that some of the devices could be left in the body, thereby causing severe damage and quite possibly death.

Another type of error involves performing surgery on the wrong body part. Sometimes, for instance, the wrong kidney could be removed. A surgical procedure on the wrong body part could be the result of misidentification or marking prior to the surgery or the failure to complete the appropriate preoperative paperwork.

Another common claim for medical malpractice during surgery involves anesthesia errors. Anesthesiologists are specialists whose job it is to monitor the amount of anesthesia being supplied during the procedure. In the event the patient receives the wrong amount of anesthesia, it could limit the amount of oxygen supply resulting in brain damage or death.

Contact a NJ Medical Malpractice Attorney Immediately!

In the event that you have been the victim of medical malpractice, it is important for you to contact an experienced NJ Medical Malpractice Attorney to arrange for your free consultation. The Ocean County and Monmouth County personal injury lawyers at Villain & DeLuca are committed to protecting your rights. Without question, medical malpractice claims are complex and must be carefully managed to establish liability and prove damages.

As a result of the complexity of medical malpractice claims, it is important that they are pursued as soon as possible. The statute of limitations limiting the amount of time a patient has to file such a claim is another reason to do so quickly. In the event that you or a loved one has been the victim of medical malpractice, it is imperative that you have your case reviewed as soon as possible by a qualified attorney. Call Villani & DeLuca today for your free consultation.