Medical Misdiagnosis Can Be Deadly
It is common to think that medical malpractice is only doctors operating on the wrong body part or leaving surgical equipment inside a patient’s body. While these are examples of medical negligence that do happen much more than most of the public knows, many forms of medical errors constitute medical malpractice. Misdiagnosing a patient’s condition is one of them.
If you believe that the mistakes of a medical provider caused you undue harm, then you may have been the victim of medical malpractice, and if this is so, you may be able to file a medical malpractice claim to obtain financial compensation. You can call an experienced medical malpractice attorney at Monaco Law PC to have your case reviewed.
How Medical Malpractice Hurts Patients
Worldwide, diagnostic errors cause a tremendous amount of harm. The unfortunate part is all the damage that occurs after a medical provider incorrectly diagnoses a condition or fails to identify a condition is preventable.
In the United States, misdiagnosis could lead to permanent morbidity and mortality. Approximately 795,000 Americans are either permanently disabled or die every year as a result of misdiagnosis.
Individuals who were injured or who lost a loved one due to medical misdiagnosis and who decide to take legal action only have a limited time to do so. The medical malpractice statute of limitations in New Jersey is typically two years. However, there are some exceptions to this timeframe for children or when an injury is discovered at a later time.
A Certificate of Merit is required to start the medical malpractice claims process. Essentially, this is a statement by a medical professional with the same background and knowledge as the defendant that states the defendant failed to deliver the necessary level of care and reasonable standard of care to the patient. In other words, the patient was not given the treatment and care that they deserved and should have received.
All economic and non-economic damages that were suffered after a medical malpractice event can be included in a medical malpractice claim. In New Jersey as well as Pennsylvania, claimants do not have caps on the damages that can be received. In some very rare situations, punitive damages may be applied to a claim, but punitive damages are capped when this happens.
The modified comparative negligence system New Jersey follows means that when a plaintiff is found to be partially responsible for causing their injuries, then they will not be able to obtain full compensation. Instead, they will be awarded compensation that is reduced by the percentage of fault they are deemed to have had.
Speak to a New Jersey and Pennsylvania Personal Injury Attorney Today
If a medical provider in New Jersey harmed you, then you may have suffered from a medical malpractice event. To have your case reviewed, you may call our experienced South Jersey personal injury lawyer at Monaco Law PC at (609) 277-3166 for our New Jersey office and (215) 546-3166 for our office in Pennsylvania to discuss your case today.
We are a New Jersey and Pennsylvania personal injury law firm serving Atlantic County, Bucks County, Burlington County, Cape May County, Camden County, Chester County, Cumberland County, Delaware County, Gloucester County, Mercer County, Middlesex County, Montgomery County, Philadelphia, Ocean County, Salem County, and all of South Jersey.
Source:
qualitysafety.bmj.com/content/33/2/109
