Medical Malpractice Lawyer Toms River, NJ
A Toms River, NJ medical malpractice lawyer knows that many people think that it is impossible to sue a hospital for malpractice, especially one that is a public hospital that receives state funding. While there are cases of malpractice where the hospital is not liable for the mistakes of the patient’s doctor, there are also cases where the hospital does share in liability and can be sued.
The following is a brief overview of medical malpractice.
Vicarious Liability
Under the legal doctrine of vicarious liability, hospitals are liable for the negligent acts of their employees. This is because the hospital allowed the employee the place and the power to act.
Hospitals are not liable for the acts of independent contractors or guests of the hospital. Most doctors are not hospital employees. They are considered independent contractors who are given privileges at the hospital. Legally, if the doctor has control of his or her own hours and fees, they are not considered a hospital employee.
Who Is Considered a Hospital Employee Under Malpractice Law?
Patients receive care from many medical professionals who are hospital employees and any one of these employees could commit a medical error that results in harm to the patient and requires the help of a Toms River medical malpractice lawyer. These medical professionals include nurses, paramedics, pharmacists, and multiple types of medical technicians. If this occurs, then the patient can sue the hospital for medical malpractice.
It is important to remember that just because a doctor is not an employee of a hospital, that doesn’t mean they cannot be sued for malpractice. The recovery of compensation may be less than if the hospital was also named as a liable party, but a victim can still prevail.
A medical malpractice lawyer can evaluate your case to determine who all the liable parties may be.
When You Need an Experienced Medical Malpractice Lawyer
Patients who are victims of malpractice often suffer extensive medical expenses and loss of income from being unable to work. There is often pain and suffering the victim endures, as well as sometimes being left with long-term, chronic, or permanent disability.
These are all damages, as well as other losses, that the patient may be able to recover in a medical malpractice lawsuit. If the patient dies because of the malpractice, their family may be able to pursue a wrongful death lawsuit against those responsible.
Filing a medical malpractice lawsuit against a doctor, hospital, or other medical facility can be overwhelming and even a bit intimidating. This is why having a skilled and seasoned Toms River medical malpractice lawyer representing you can make all the difference. The seasoned medical malpractice lawyers from DeNoia, Tambasco & Germann have extensive experience in handling malpractice cases and getting victims the financial compensation they deserve. For more detailed information on how we may be able to help you, contact our office for a free and confidential case evaluation.
Handling Medical Malpractice
When it comes to navigating the complexities of the healthcare system, patients trust their medical professionals with their lives and wellbeing. However, there are instances where the standard of care falls short, leading to unforeseen consequences for the patient. While the majority of healthcare providers offer exceptional service, errors can occur, resulting in the need for specialized legal assistance from an experienced Toms River, NJ medical malpractice lawyer.. DeNoia, Tambasco & Germann Attorneys at Law can help. Reach out to us today to set up an appointment for a consultation today.
Understanding Medical Negligence
Medical negligence occurs when a healthcare provider fails to deliver the standard of care that is expected in their professional duties, leading to harm or injury to the patient. This can encompass a variety of situations, from diagnostic errors to surgical mishaps, and the ramifications for patients can be life-altering.
Examples Of Common Errors
Many different things can be classified as medical malpractice. Continue reading to learn about some of the most common. Always contact a skilled Toms River medical malpractice attorney to ensure you are getting the representation you deserve.
Diagnostic Mistakes
One of the most critical stages in treating any health condition is making an accurate and timely diagnosis. Unfortunately, errors can occur, such as misreading test results or failing to consider all symptoms, leading to incorrect or delayed diagnosis. This can result in the patient missing the crucial treatment window, potentially worsening their condition.
Surgical Errors
Surgery is a complex process that requires precision and care. Surgical errors can include operating on the wrong site, leaving surgical instruments inside the patient, or performing the wrong procedure. These errors can have significant physical and emotional impacts on the patient, requiring further medical interventions and possibly leading to long-term complications.
Medication Mistakes
The prescribing and administering of medication is a routine part of medical treatment that must be handled with utmost accuracy. Errors in dosage, medication type, or neglecting to consider patient allergies can lead to adverse reactions, sometimes with fatal consequences.
Birth Injuries
The birth process is delicate, and any negligence can lead to injuries to the baby or the mother. These can range from fractures during delivery to more severe conditions due to oxygen deprivation. Such incidents not only have immediate health implications but can also lead to long-term developmental challenges.
Failure To Treat
When a healthcare provider correctly diagnoses a condition but fails to recommend or administer appropriate treatment, or delays the treatment unnecessarily, the patient’s condition may deteriorate. This neglect can result from mismanagement of hospital resources, understaffing, or oversight.
Seeking Justice And Compensation
If you or a loved one has been a victim of medical negligence, it’s crucial to understand that you have rights and may be entitled to compensation for your suffering, additional medical expenses, lost wages, and other damages. Navigating the legal landscape in these situations can be daunting, and that’s where specialized legal assistance from an experienced NJ medical malpractice lawyer becomes invaluable.
Our team of dedicated professionals has extensive experience in handling cases of medical negligence. We are committed to providing compassionate support while vigorously advocating for your rights. Our approach is to work closely with medical experts to meticulously review your case, ensuring that every aspect of the negligence is documented and addressed.
We understand the emotional and physical toll these experiences can cause, and our goal is to alleviate the burden by guiding you through the legal process with empathy and expertise. Your trust in us is paramount, and we strive to maintain open, honest communication every step of the way.
If you believe you have been a victim of medical negligence, we encourage you to reach out to DeNoia, Tambasco & Germann Attorneys at Law for a consultation. Together, we can assess your situation, explore your options, and take decisive action towards securing the justice and compensation you deserve. Your health and well-being are too important to leave to chance. Let us help you navigate this challenging journey and advocate for your rights.