Lee Law Firm logo
(973) 315-9080

Hablamos Español!

Demonstrating Negligence in a Medical Malpractice Claim

Medical Malpractice Claim
December 5, 2019
By
Lee Law Firm , LLC

How to Prove a Medical Professional Breached the Duty of Care

When you have been injured by the wrongful act of another person, you generally have the right to seek compensation for your losses—lost wages and income, unreimbursed medical expenses, pain and suffering, loss of companionship and consortium, and loss of enjoyment of life. As a practical matter, such legal claims usually allege negligence. To prove negligence, you must show that the person who caused the accident “breached the standard of care” expected by society.

In most negligence claims, the standard of care is based on what an ordinary person of average prudence would do, given the same circumstances. If the defendant failed to act as a reasonable person would have, he or she may be found negligent.

A different standard applies, however, when a medical professional is alleged to have caused the injuries. Because of the specialized training doctors receive, and the nature of their trade, physicians generally are held to a higher and more specific standard than laypersons.

To show that a medical professional breached the standard of care, you must show that his or her conduct did not rise to the level of what a reasonably competent and skilled professional, with similar training and experience, would have done under the same circumstances in the same geographic area where the doctor practices.

The jury determines whether or not the doctor’s conduct constituted negligence. That determination, however, often is based on expert testimony from medical practitioners.

Contact Our Office

At Lee Law Firm, we have extensive knowledge and experience successfully handling personal injury claims. We take all personal injury cases on a contingency basis—you won’t pay any attorney fees unless we recover compensation for your losses.

Call us at 973-315-9080 or contact us online to schedule an appointment. We are available to meet with you evenings and weekends, if necessary. We welcome all major credit cards. ¡Nosotros hablamos español!

Related Blog Post

statute of limitations

Suspending the New Jersey Statute of Limitations for Personal Injury

September 8, 2023
By
Lee Law Firm , LLC
New Jersey Personal Injury Claims
Extending the Time for Filing a Lawsuit to Recover Compensation for Your Losses When you are injured in New Jersey in any type of accident caused by someone else’s wrongful act, you have the right to file a personal injury lawsuit, but you must typically do so within two years of the date of your injuries. […]
winter auto accidents

Winter Auto Accidents

December 12, 2019
By
Lee Law Firm , LLC
Car Accidents
Hurt on a snowy or icy road in New Jersey because another driver was going too fast or didn’t properly clean off his windshield? Slippery roads and poor visibility are the two most common causes of winter car accidents, truck accidents. Call Attorney Edward Lee at 973-315-9080 for proven representation
car crash

Things You Don’t Want to Do after an Automobile Accident

July 10, 2023
By
Lee Law Firm , LLC
New Jersey Personal Injury Claims
Don’t Admit Fault | Don’t Let Witnesses Get Away | Don’t Take the Insurance Company’s First Offer You’ve suffered needless injury because of the wrongful or careless acts of another motorist. You have the right to pursue damages for all your losses, from wages and income to unpaid medical bills, from pain and suffering to […]

PROUDLY SERVING THE STATE OF NEW JERSEY

Email us using this contact form and we will quickly reach back out with answers.

lee law firm Springfield map

SPRINGFIELD OFFICE

150 Morris Ave. Suite 202 
Springfield, NJ 07081
 (973) 315-9080
(973) 315-9081
GET DIRECTIONS

NEWARK OFFICE

600 Mt. Prospect Avenue
Newark, NJ, 07104
 (973) 315-9080
(973) 315-9081
GET DIRECTIONS

SERVING AREAS

Springfield
Elizabeth
East Orange
Perth Amboy
Essex County
Passaic County
Bergen County
Hunterdon & Somerset County
Newark
Clifton
Plainfield
Jersey City
Union County
Middlesex County
Hudson County
Monmouth County
© 2024 Lee Law Firm, LLC . All Rights Reserved. Terms & Conditions | Privacy Policy
Powered By: