If you have ever been injured by a medical provider’s mistake, you may be familiar with the words ‘medical malpractice’ or ‘negligence’. If you’re currently considering your options after being a victim of medical malpractice, understanding what each means and the difference between them is important to know.
What is Medical Malpractice?
Medical malpractice is a definition that describes a mistake made by a medical professional, such as a doctor or nurse. Medical professionals are required to follow a certain standard of practice, and when they fail to do this, they may be held responsible. An example of medical malpractice may include a labor and delivery doctor failing to monitor the mother and baby’s vitals.
What is Negligence?
Negligence is a definition that describes a mistake. Negligence may occur when a medical provider is rushed and fails to collect a detailed history of a patient. It may also include a situation in which a doctor ignores his patient’s symptoms because their mind is elsewhere or because they have scheduled too many patients.
Medical Malpractice vs. Negligence
The biggest difference between medical malpractice and negligence is intent. Negligence is usually a mistake and if the situation was different, the medical professional may have handled it differently. Medical malpractice is when a medical provider knows better, but still makes the wrong decision when treating a patient. The distinction between the two may be important if you have been recently injured by a medical provider’s mistake. While both types of mistakes may allow you to pursue compensation for damages, they are different case types.
Recoverable Damages in a Medical Malpractice or Negligence Case
If you’re injured due to the mistake or negligence of a medical provider, you’re likely to be subject to a series of costs. You may have to pay for follow-up medical care or prescriptions. Depending on the extent of the damages, you may not be able to return to work until you have recovered. In certain cases, such as those that involve birth injuries, your and your family’s life may never be the same again.
The state of New Jersey allows the recovery of damages like:
- Medical costs, both short and long-term
- Temporary and permanent childcare costs
- Lost wages or diminished earning capability
- Pain and suffering
If you’re not sure what costs you’re entitled to, it can be helpful to work with a medical malpractice lawyer. Medical malpractice and negligence cases can be tricky to prove. They often require in-depth investigation and the collection of expert witnesses. For this reason, it’s important to choose a lawyer who is familiar with medical malpractice laws in New Jersey.
A medical malpractice lawyer can not only help you collect the evidence you need to prove your case, but they can also help ensure you stay within New Jersey’s time limits. It’s crucial to stick to the state’s statute of limitations to avoid your case being thrown out in court. Exceeding the time limits could result in you missing out on the compensation you deserve and are entitled to.
Contact A Medical Malpractice Attorney for a Consultation About Your Medical Malpractice Case in New Jersey
Were you or a loved one injured due to medical malpractice in New Jersey? Then you need to talk to an experienced medical malpractice lawyer as soon as possible for guidance on how to proceed. The Haddon Township medical malpractice attorneys at the Law Offices of Andres, Berger & Tran P.C. are prepared to assist you with your legal claim. We represent victims of negligent surgeons, doctors, nurses, and pharmacists throughout New Jersey, including Collingswood, Haddonfield, Gloucester Township, and Pennsauken. Call us today at (856) 795-1444 or fill out our online contact form to schedule a consultation. Our main office is located at 264 Kings Hwy E, Haddonfield, NJ 08033.
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.