Medical negligence occurs when a health care provider fails to meet the accepted standard of care, resulting in harm to a patient. In New Jersey, proving medical negligence requires meeting specific legal elements.
Below are the essential elements of medical negligence.
The doctor-patient relationship
A medical negligence claim starts with proving that a doctor-patient relationship existed. This relationship establishes that the health care provider had a duty to care for the patient. Typically, this relationship begins as soon as a doctor has a consultation with a patient.
Breach of the standard of care
Once a doctor-patient relationship is confirmed, the next step is proving that the provider failed to meet the standard of care. This relates to the level of treatment that a competent medical professional would provide in similar circumstances. A breach occurs when a provider’s actions or omissions fall below this accepted standard. Examples include surgical errors, misdiagnoses and medication errors.
Causation and damages
It is not enough to prove a breach of duty. A claimant must also show that this breach directly caused their injury. Additionally, they must have suffered damages such as physical pain, additional medical expenses or lost wages due to the medical provider’s actions.
In New Jersey, there is a time limit of two years to file a medical negligence claim. This time limit applies from the date that the claimant became aware of their injuries. Medical negligence claims can be complex since there are many moving parts. Seeking legal guidance as early as possible will help strengthen your claim to help you obtain the compensation you deserve.