Many people have heard the term medical malpractice and many know its basic definition: a negligent act or omission by a hospital, doctor or other health care professional that causes an injury to a patient. The definition sounds simple enough, but medical malpractice is actually much more involved than its definition makes it out to be.
The following are commonly asked medical malpractice questions with answers to better help you understand the complexities of a medical malpractice lawsuit. And remember, for further insight, contact an experienced medical malpractice attorney.
What differs between general, special and punitive damages?
General, special and punitive damages are the three types of damages that are available through a medical malpractice lawsuit. General damages comes in the form of compensation for the suffering caused by the malpractice.
This can be physical and mental pain, loss of consortium and even loss of enjoyment of life. On the other hand, special damages cover you quantifiable expenses, like medical bills and money lost due to time you may have missed at work.
In the event the medical malpractice was determined to be egregious in nature, punitive damages will kick in. These damages are meant to punish the negligent and responsible party.
When Can I Sue the Hospital?
When it comes down to it, a hospital is not responsible for a doctor’s medical malpractice if said doctor is not an employee of the hospital. The good news is that exceptions to this rule do exist.
If the hospital does not make it clear that your doctor is not an employee of the hospital, they could be held responsible for the doctor’s medical malpractice. This happens often with ER doctor’s because they do not get the opportunity to inform the patient.
Some states let you sue the hospital if the hospital gave staff privileges to an incompetent or dangerous doctor.
I Did Not Know the Risks Associated With My Surgery, Can I Sue?
Doctors are required to inform patients about serious risks in any procedure or treatment they propose. This way, you can make the decision to go forward with it or not. This is considered informed consent.
Still, doctors do not have to inform you of every single risk, just the important ones. Also, in emergency situations a doctor is not required to get informed consent in order to treat a patient.
Seasoned NJ Medical Malpractice Attorney Will Fight For You
Again, a medical malpractice lawsuit can be quite involved and will require the expertise of an experienced medical malpractice attorney. In New Jersey, the place to go to is the Law Offices of Andres, Berger & Tran, P.C.
They handle the full gamut of medical malpractice cases, from doctor negligence and hospital negligence to medication errors and surgical errors. They will fight for you and makes sure you are compensated for your losses. Fill out the online contact form to speak with a seasoned attorney today.
The articles on this blog are for informative purposes only and are no substitute for legal advice or an attorney-client relationship. If you are seeking legal advice, please contact our law firm directly.