Liability Misconceptions in Cherry Hill Medical Malpractice Cases
The main cause of action for medical malpractice is showing that a standard of care has been deviated from. Depending on the medical issues involved, there is always a standard of care and a standard of care is what a reasonable physician would have done under the same or similar circumstances. To prove liability for medical malpractice, an individual should contact an experienced attorney who can help show that a standard of care was deviated from and that deviation caused them damages. A lawyer could also help explain any misconceptions you may have about liability in Cherry Hill medical malpractice cases.
Common Liability Misconceptions
Common misconceptions about liability in Cherry Hill medical malpractice are because someone sustained an injury after a medical procedure, but it does not automatically equate with medical negligence. It is very important for any client who consults with an experienced attorney to understand that a bad outcome does not equate with medical negligence and that there has to be a very thorough investigation that is costly.
In order to avoid liability misconceptions in medical malpractice cases, clients should understand that medical negligence cases are very difficult to prove, very expensive to prosecute and, doctors are successful in defending these cases a large majority of the time. Somewhere in the range of 85 percent to 95 percent of the time in New Jersey, doctors are winning these cases. A client needs to understand, in those types of situations, the pros and cons of proceeding with a medical negligence case.
Role of Liability in Misdiagnosis Cases
The concept of medical negligence is a deviation from a standard of care, for example, if there was something that an expert, doctor, or reasonable physician would have seen that is considered a deviation from the standard of a care or a misdiagnosis. There are liability misconceptions in Cherry Hill medical malpractice cases regarding what qualifies as a misdiagnosis case. Deviation from the standard of care can be the lack of action for something that requires immediate repair or images a doctor fails to appreciate. Any case including the deviation from the standard of care can expose that doctor to liability or responsibility.
Procedural Errors vs. Prescription Errors
A procedural error, meaning a surgical mishap, is compared to a standard. That is where expert testimony is required to establish that standard with which that surgery should have been performed. There are some procedures that, under the best circumstances, there can be a surgical mishap, but that is a known risk or a complication of the procedure because it is such a difficult procedure.
However, there are also times when a surgical mishap is a known deviation from the standard of care that should have never happened. That requires expert testimony to explain. This is the same type of concept that applies to a pharmaceutical error or a misdiagnosis. The standard and whether it was violated requires expert testimony to explore and to prove.
Hiring an Attorney
An attorney can help clarify any liability misconceptions in Cherry Hill medical malpractice cases before beginning the defense planning process. Speaking with a lawyer who has experience in malpractice cases can give you peace of mind when filing a claim for damages. They can help you gather relevant evidence to use during trial and seek the appropriate amount of damages for any harm you may have sustained.