It’s a nightmare scenario. You go to a trusted healthcare provider for treatment for a medical condition, but instead of getting better, you are further injured as a result of medical malpractice.

Now you’re dealing with additional medical treatment costs, possible loss of income, pain and suffering, among other adverse consequences. What remedies are available for a patient injured due to medical malpractice?  First, the patient must understand what medical malpractice is.

Medical malpractice can occur when a health care professional, through a negligent act or omission, causes an injury to a patient. According to Medical News Today this includes:

  • Failure to diagnose or a misdiagnosis;
  • Misreading or ignoring laboratory results;
  • Unnecessary surgery;
  • Surgical errors or wrong site surgery;
  • Improper medication or dosage;
  • Poor follow-up or aftercare;
  • Premature discharge;
  • Disregarding or not taking appropriate patient history;
  • Failure to order proper testing;
  • Failure to recognize symptoms.

In order to succeed in a medical malpractice claim, the patient has the burden of proving the following: 

  1. The existence of a legal duty on the part of the doctor to provide care or treatment to the patient;
  2. A breach of this duty by a failure of the treating doctor to adhere to the standards of the profession;
  3. A causal relationship between the breach of duty and injury to the patient; and
  4. The existence of damages that flow from the injury such that the legal system can provide redress.

If you believe you have been injured as a result of medical malpractice, contact the personal injury attorneys at Hyberg, White, and Mann to schedule your free consultation: 609-407-1000.

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Want to learn more about our legal services? Consult with one of our workers' compensation or personal injury attorneys by contacting our lawyers or call (609) 407-1000 today. Our Attorneys proudly serve all of Southern New Jersey including the nearby areas of Pleasantville, Galloway, Linwood, Atlantic City, as well as, Atlantic, Cape May, Camden, Cumberland and Ocean Counties and the greater Southern New Jersey region. We look forward to working with you!

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