Medical Malpractice vs. Honest Mistakes in New Jersey

Those in the medical profession are not immune to honest mistakes; when they occur, patients can suffer serious harm, but that does not amount to medical malpractice. For medical malpractice to apply, the medical provider in question must have engaged in some form of professional negligence. Medical malpractice claims are complex and legally challenging, which makes it in your best interest to have our experienced medical malpractice attorneys at Ginsberg & O’Connor in Cherry Hill, NJ, backing you up.

The Standard of Care Required

Healthcare providers are held to a professional standard of care. Within the parameters of this standard, there is room for honest mistakes, and anyone can make them. This makes it difficult to determine whether the harm is the result of an honest error or medical malpractice. And it highlights the importance of having professional legal counsel in your corner.

In New Jersey, medical professionals are not expected to perform flawlessly at all times, which is clearly an unattainable standard. Instead, they are required to perform at the same level and to provide the same quality of care that their professional peers would under similar circumstances.

Professional peers are medical providers with the same level of expertise, including overall education and training. The goal is to ensure that medical professionals engage in practices that are generally accepted and prudent in light of the specific circumstances.  

Considering the Medical Mistake in Context

Sometimes, it’s obvious when a medical mistake amounts to medical malpractice. The following are clear examples:

• Surgery performed on the wrong person
• The wrong surgery was performed on the patient
• Surgical implements were unintentionally left in the patient
• Surgery performed on the wrong body part

In many instances, however, the line between honest mistake and medical malpractice is far less clear.

The Role of the Professional Witnesses

When it comes to discerning between honest mistakes and medical malpractice, the expertise of other medical professionals often comes into play. They have the medical knowledge to outline the standard of care you should have received in relation to the negligent care you actually experienced. Our medical malpractice lawyer will secure the professional witnesses necessary to bolster your claim and to help ensure that you receive the compensation you deserve.

Don’t Wait to Consult with Our Experienced Malpractice Lawyers

Proving that an error on the part of your medical provider is medical malpractice rather than an honest mistake is a complex legal matter. Our knowledgeable attorneys at Ginsberg & O’Connor are committed to leaving no stone unturned in our efforts to resolve your claim favorably and in support of your healthiest future. Learn more about how we can help you by contacting us online or calling 856-727-1991 today.