Medical professionals owe it to you and your loved ones to treat your health concerns seriously. Unfortunately, medical institutions can be understaffed or unable to tend to a patient’s needs. Others may deliberately neglect in-need patients out of unreasonable malice.
Whether you think you or a loved one endured purposeful or accidental medical malpractice, you still deserve compensation for the conditions that medical professionals failed to treat. You can work with medical malpractice lawyers in Marlton, NJ, to bring a medical institution’s negligence to a judge’s attention. Rand Spear can help you along the way.
Identifying Medical Malpractice
The term “medical malpractice” refers to the accidental or intentional neglect of a patient’s care or concerns. In other words, medical professionals assume a duty of care when meeting with their patients. That duty dictates that professionals must make a reasonable effort to diagnose a patient’s medical concerns and offer them relevant treatment.
The symptoms of medical malpractice vary from case to case. That said, you or someone you loved may have fallen victim to medical malpractice if you find yourself contending with:
- Ineffective medical treatments
- Worsening healthcare conditions
- Unresponsive doctors, nurses, or related medical professionals
There are even instances wherein medical malpractice can prove fatal.
Medical professionals who fail to take reasonable steps to preserve a person’s health can cause that patient’s health to worsen. A victim then has the right to accuse the medical professional of malpractice and demand damages from them in civil court.
Medical Malpractice and Nursing Home Abuse
Nursing home residents tend to fall victim to nursing home abuse at a greater rate than other parties. Nursing home negligence can, in this way, fall under the broader umbrella of medical malpractice, all the while forcing residents to contend with:
- Medical withdrawal or overdose
- Lack of food
- Bacterial infections
- Undiagnosed or incorrectly diagnosed conditions
- Unchecked illnesses
If you want to take legal action on behalf of an elder suffering abuse in a nursing home, you can discuss your right to represent an injured party with our team. We can then determine whether you want to pursue your claim under the banner of medical malpractice or nursing home abuse.
Note, however, that only an injured party’s personal representative may take legal action on that person’s behalf. New Jersey establishes this limited right to representative legal action in N.J. Stat. § 2A:31-2.
Reacting to Medical Malpractice
If you or someone you love believes you’ve endured medical malpractice, you need to contact a third-party medical professional. Have a doctor you’ve never worked with before assessing your condition. Get your condition treated as soon as you can. Your health comes first.
Only after you or a personal representative feel that you can balance your new medical care with legal action should you consider pursuing a personal injury claim against the party who initially overlooked, misdiagnosed, or mistreated your condition. If you want to file a personal injury claim, however, you can:
Contact an Attorney
The moment you realize you or a loved one has fallen victim to medical malpractice, reach out to an attorney. Marlton medical malpractice attorneys can initiate an investigation into a medical institution’s negligence while you focus on treating an overlooked condition.
Document a Liable Party’s Negligence
You have the opportunity to either gather evidence of a medical institution’s negligence alongside an attorney or gather that evidence ahead of time. The evidence of your losses that you can later submit to a civil court can include:
- Medical diagnoses
- Third-party statements from unrelated medical professionals
- Insurance statements
- Bystander testimony regarding your condition or your treatment at the hands of an attending medical institution
Our team can integrate the evidence you bring forward into the case we file against an offending medical institution.
File a Civil Claim
Once you’ve established the extent of your losses and evidence of a medical institution’s negligence, you can present your claim to a civil court. The court can take several weeks to months to consider your case. Should they opt to move your case forward, you can work with your attorney to either initiate a settlement negotiation or go to medical malpractice trial.
Marlton Medical Malpractice Lawyer Near Me (215) 985-2424
Holding Institutions Liable for Medical Malpractice
It’s rare to hold an individual liable for medical malpractice. More often than not, you hold an institution accountable for your medical malpractice losses. Taking up a complaint against an institution can prove intimidating, but you shouldn’t let an institution or its legal team bar you from legal action.
Instead, take the time to discuss what evidence of negligence you have on hand with an attending attorney. If you receive a settlement offer from an offending institution, compare that offer against your own estimate of your case’s value. Do not accept a settlement that undervalues your losses. If you do, you may lose future rights to legal action.
Our attorneys have the experience to interact with a medical institution on your behalf while investigating the nature of your upcoming medical malpractice case. You can rely on our team to guide you through this process while you focus on treating a neglected condition.
Filing Your Claim Within the New Jersey’s Deadline
All medical malpractice claims need to come before New Jersey judges within the deadline established in New Jersey Statutes section 2A:14-2. You have no more than two years to investigate your claim and present a completed complaint to an applicable civil court.
This deadline only changes when minors choose to accuse another party of medical negligence. Minors can request that a parent or personal representative bring a case forward on their behalf. Alternatively, minors can investigate their losses up until they turn eighteen. Once a minor turns eighteen, the standard statute of limitations kicks in.
If you’re unsure what filing deadline applies to your case, consult a medical malpractice lawyer in Marlton. Don’t wait to ask your questions. The longer you put off investigative action, the greater the chance your statute of limitations will expire.
Do Not Let Medical Malpractice Go Unaddressed
You expect medical professionals to take your concerns seriously when you seek out their aid. Medical professionals who neglect your care, refuse to diagnose you, or who otherwise worsen the conditions that plague violate that trust, not to mention the legal duty of care they owe to you.
The moment you discover medical malpractice, you have the right to act. You can work with Marlton, NJ, medical malpractice attorneys to file a personal injury claim against the institution responsible for your or a loved one’s worsening condition. Rand Spear can helm an investigation into your losses while you focus on seeking the medical treatments you deserve.
Contact us online or by phone to schedule your case consultation today.