Doctors are supposed to be there help us; to treat us to the best of their ability so that we can overcome illness and injury. Sometimes, they may deem it necessary to delay treatment, which has saved lives before, but what if delayed treatment causes serious issues? For example, delayed treatment of cancer?
Was the Delayed Treatment Negligence?
Essentially, proving a medical malpractice case means you have to show that:
- You and the doctor had a professional relationship (Doctor/patient relationship)
- The doctor acted negligently
- That negligence directly resulted in harm to you
As with any other medical malpractice case, negligence is key. Proving a relationship is often fairly easy, but negligence is less so. You will almost certainly require the help of an experienced medical malpractice attorney.
With the help pf your attorney and a third party doctor, you may be able to show that another doctor would have acted differently who the one who treated you, or didn’t treat you in this case.
For example, if a medical expert witness testifies that he/she would have immediately begun treatment, and that the treatment may have prevented your illness from getting worse, then the court may determine that the doctor who delayed treatment was acting negligently.
Filing a Medical Malpractice Claim
Filing a lawsuit against a doctor, medical staff, and hospital is a very complicated process. The laws are almost intentionally vague and nearly impossible to understand at all. Hiring a medical malpractice attorney is necessary.
New Jersey medical malpractice attorneys at Targan & Pender PC have years of experience providing legal representation to those injured by doctors’ negligence in Atlantic City, Cape May, Wildwood Crest and the surrounding areas.