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The Most Commonly Asked Medical Malpractice Questions

There is a chance you are a victim of medical malpractice yet you might not even know it.  If you even slightly suspect your injury, illness or other condition is the result of a careless doctor or other medical services provider, be proactive instead of passive.  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.  Even a subtle mistake or oversight in a medical procedure or treatment modality sets the stage for a potential lawsuit.  

If you are like most people living in New Jersey, you aren’t exactly sure what medical malpractice really means.  Here is a quick look at the answers to some of the most common medical malpractice questions.

What is considered medical malpractice? 

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.  Medical treatment or a medical procedure must have been provided by a medical services provider in order for medical malpractice to have occurred. 

An undesired or adverse medical result does not automatically mean the doctor committed medical malpractice.  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.  

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.  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.  

How do you prove medical malpractice? 

The medical services provider’s breach of the duty of care to the patient must be the primary cause of the injury.  This causation must be proven through medical records and/or expert testimony.  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.  Those damages can take the form of:

  • Medical expenses
  • Lost wages
  • Diminished earning capacity
  • Pain
  • Suffering 
  • Additional losses

Everyone living and working in New Jersey should be aware that a doctor’s failure to diagnose a medical problem has the potential to constitute medical malpractice.  Missing a diagnosis that is subsequently provided by another medical professional sets the stage for a lawsuit.  If the gap between the missed diagnosis and the proper diagnosis makes a meaningful difference in the following aspects of the patient’s life, the lawsuit will likely prove successful:

  • Medical condition
  • Chances of survival
  • Quality of life
  • Medical expenses

What matters most is that our NJ attorneys have the evidence and time necessary to prove the missed diagnosis made a meaningful difference and also has a causal relationship to the negative outcome.  If a preponderance of the evidence is met, the burden of proof will be satisfied and you will emerge as the victor of your New Jersey medical malpractice lawsuit.

Is medical malpractice a tort?

There is plenty of confusion as to whether medical malpractice constitutes a tort.  Torts are considered civil wrongs that lead to an injury, setting the stage for victims to obtain damages, usually in the form of financial compensation from the defendant.

Indeed, it is a subset of the overarching tort law pertaining to professional negligence.  Professional negligence is synonymous with malpractice in the context of NJ tort law.  Such malpractice is manifested in the form of incompetence or negligence.  

How should I report medical malpractice in New Jersey?

If you suspect you are the victim of malpractice, do not suffer in silence.  Contact our New Jersey medical malpractice attorneys today.  We will analyze your unique case, determine if there is the potential for a favorable court award or settlement and advise you accordingly.  The alleged malpractice should also be reported to the appropriate regulatory or medical complaint board so action can be taken to prevent similar injuries to other patients.  

Reporting malpractice requires the completion of a form, the identification of all pertinent parties and a description of the supposed mistake in question along with resulting harm.  Even if the board does not reach out to the doctor or you, it is not a sign that the complaint has been ignored.  Rather, it sets the stage for subsequent sanctions if similar complaints are submitted in the ensuing months and years.

Schedule a Free Consultation With Bavagnoli & Bavagnoli

Give us a call at (973) 785-9522 or send us a message online.  You have everything to gain and nothing to lose by asking for assistance from our New Jersey medical malpractice attorneys.  We provide free, no-commitment consultations to help clients get a better sense of whether there is solid legal footing for litigation.

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Robert J. Bavagnoli is a Passaic County attorney specializing in personal injury and real estate law. He founded Bavagnoli & Bavagnoli in 1995 where he practiced for many years alongside his brother, Ronald C. Bavagnoli (now deceased). For over 28 years, he has proudly served Northern New Jersey including Passaic County, Bergen County, and Essex County, among others, recovering millions in damages for his clients.

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Highest praise for the professionalism and ease of working with Robert Bavagnoli and his team! I used his services for the sale and closing of a home. He acted quickly, made the process easy and covered all the bases so I didn't have to be concerned about anything. This gentleman is a pleasure to do business with and who I want in an attorney!

- Lynda R.

Great firm for personal injury plaintiffs. The welfare of the client always comes first.

- Jonathan M.

Thorough, friendly, upbeat and very professional. They kept me informed of every decision they made.  They made me feel like I’m part of their family. I would highly recommend Robert Bavagnoli to anyone that needs the assistance.

- Earl C.

I was involved in an accident and didn't know what to do.  I decided to call Bavagnoli & Bavagnoli. They welcomed me to their firm. They were so polite and as I spoke with them and saw how friendly and polite they were it lifted me up and put my mind at ease. I wasn't scared anymore and it was an excellent experience from beginning to end.

- Tamika P.

For me the experience with Bavagnoli and Bavagnoli was wonderful!  My lawyer handled my case and it went excellent, even better than I imagined.

- Ms. Dela Cruz

The Bavagnoli & Bavagnoli Difference


  • Individualized attention
  • Clear and honest communication
  • Prompt answers to all calls
  • Your needs are our top priority
  • Respectful, compassionate treatment
  • Collaborative approach to each case
  • Over 27 years of experience
  • Millions recovered



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Essex County

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Bavagnoli & Bavagnoli Office

12 Furler St.
Suite 5,
Totowa, NJ 07512

Phone: (973) 785-9522


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