{"id":683,"date":"2021-09-24T13:58:28","date_gmt":"2021-09-24T17:58:28","guid":{"rendered":"https:\/\/www.bavagnolilaw.com\/?p=683"},"modified":"2021-09-24T14:21:56","modified_gmt":"2021-09-24T18:21:56","slug":"the-most-commonly-asked-medical-malpractice-questions","status":"publish","type":"post","link":"https:\/\/www.bavagnolilaw.com\/the-most-commonly-asked-medical-malpractice-questions\/","title":{"rendered":"The Most Commonly Asked Medical Malpractice Questions"},"content":{"rendered":"

There is a chance you are a victim of medical malpractice yet you might not even know it.\u00a0 If you even <\/span>slightly<\/span><\/i> suspect your injury, illness or other condition is the result of a careless doctor or other medical services provider, be proactive instead of passive.\u00a0 Meet with our medical malpractice attorneys in New Jersey, tell us about your case and we will determine if there is solid legal footing for a lawsuit.\u00a0 Even a subtle mistake or oversight in a medical procedure or treatment modality sets the stage for a potential lawsuit.\u00a0\u00a0 <\/span><\/p>\n

If you are like most people living in New Jersey, you aren\u2019t exactly sure what medical malpractice <\/span>really <\/span><\/i>means.\u00a0 Here is a quick look at the answers to some of the most common medical malpractice questions.<\/span><\/p>\n

What is considered medical malpractice?\u00a0<\/b><\/h3>\n

There is plenty of misinformation along with half-truths and even bald-faced lies in regard to what, exactly, constitutes medical malpractice. Contrary to what some believe, nursing home abuse and injury cases are not considered malpractice.\u00a0 Medical treatment or a medical procedure must have been provided by a medical services provider in order for medical malpractice to have occurred.\u00a0<\/span><\/p>\n

An undesired or adverse medical result does not automatically mean the doctor committed <\/span>medical malpractice<\/span><\/a>.\u00a0 It is quite possible the doctor in question acted appropriately and prudently yet factors out of his or her control ultimately led to the unfortunate medical outcome.\u00a0\u00a0<\/span><\/p>\n

The vast majority of claims in New Jersey are filed as a result of a treatment or procedure stemming from an already-existing doctor-patient relationship.\u00a0 Our New Jersey medical malpractice attorneys have won lawsuits in which a doctor-patient relationship exists, a duty\/standard of care had been established and the duty of care was breached.\u00a0\u00a0<\/span><\/p>\n

How do you prove medical malpractice?\u00a0<\/b><\/h3>\n

The medical services provider\u2019s breach of the duty of care to the patient must be the primary cause of the injury.\u00a0 This causation must be proven through medical records and\/or expert testimony.\u00a0 The resulting injury, illness or other malady stemming from the alleged malpractice must have also caused damages in order for the lawsuit to prove successful.\u00a0 Those damages can take the form of:<\/span><\/p>\n