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Medical Malpractice – The Subtleties Of The Law!

Your doctor prescribed you sleep medication – Ambien – for your medical condition. You believe that was the wrong medication to prescribe. And so, you feel that you did not receive fair or appropriate medical treatment from your medical service provider. And now, you are preparing to sue him. You are confident that you can do it alone – without the assistance of a seasoned Medical Malpractice lawyer in Middlesex County NJ to help you.

Like any good “Med Mal” lawyer would have liked, you’ve kept copies of all the prescriptions that your doctor, a physician board certified in emergency medicine, issued to you. You have meticulous notes about your visits to the clinic. Good for you! You’ve even read the law, and from your studies you know that medical malpractice can include:

a) Unreasonably delaying the treatment of a diagnosed medical situation or condition;
b) The misdiagnosis of, or the failure to reasonably diagnose , a medical condition or disease;
c) Failing to provide the appropriate care and treatment for a known medical situation or condition;
d) Failing to refer a patient to a specialist
e) Mistakes related to Anesthesia
f) Mistakes committed in the Emergency Room

You held an initial consultation with a relatively inexpensive Medical Malpractice lawyer in Middlesex County NJ – and because she is just starting up her practice, she only charged you for one hours consultation, even though you spent a whole 70 minutes at her office. You believe you have a strong case under clause c) above.

You believe that your legal consultation indicated you needed an “affidavit” from another doctor, certified and practicing in the same “discipline” as the doctor you plan to sue. So you contacted another board certified physician in emergency medicine, and filed the requisite affidavit on time, meeting the prescribed legal deadlines for such matters.

You did everything you read and understood that the law required, but yet your case was dismissed by the Trial Court. In his motion for summary judgment, the defendant (your “emergency medicine” doctor) had clearly stated that your treatment by him was delivered in his capacity as a family medicine practitioner. And since you filed an affidavit by a non-family medicine specialist, the Appellate Division affirmed the Trial Court’s decision.

In a medical malpractice case, it is often very difficult for a patient (or individuals not trained in the nuances of the law) to determine whether the doctor treated them as a specialist in a specific field, or as a general practitioner. It is such subtleties that are difficult to pick up by individuals not trained or experienced in their interpretations. However, had you engaged a qualified Medical Malpractice lawyer in Middlesex County NJ to go over your case documentation thoroughly, before proceeding with your suit, it is very likely that based on their knowledge experience, your counsel may have guided you in the right direction. You could have avoided a costly legal mistake!

 

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