Medical Malpractice: When Routine Procedures Go Wrong — What You Need to Know
Even the most common medical procedures involve some risk, but when a preventable error causes injury, it may constitute medical malpractice. At The Sharma Law Office, we assist patients in Pennsylvania and New Jersey who have been harmed by negligent medical care. If a routine treatment or surgery resulted in unexpected complications, our medical malpractice lawyer can help determine whether you have a valid claim.
Understanding Medical Malpractice
Medical malpractice occurs when a healthcare provider fails to meet the accepted standard of care, resulting in harm to a patient. This standard refers to the level of skill and attention that a reasonably competent professional would provide under similar circumstances. When this standard is violated, the law allows injured patients to pursue compensation for their losses.
Some of the most common forms of malpractice include:
- Surgical mistakes such as wrong-site operations or leaving instruments inside the body
- Misdiagnosis or delayed diagnosis of severe conditions
- Medication or anesthesia errors
- Birth injuries caused by improper monitoring or delivery techniques
- Failure to obtain informed consent before a procedure
Even a minor treatment error can have lasting physical and emotional consequences. Our medical malpractice attorney in New Jersey can review your records, consult medical experts, and identify whether the provider’s conduct met or fell below the required standard of care.
How Routine Procedures Can Lead to Malpractice
Routine procedures are intended to improve health, yet preventable mistakes sometimes occur due to communication failures, inadequate supervision, or carelessness. For instance, an infection may develop if surgical tools are not properly sterilized, or a patient may experience complications if the anesthesia dosage is incorrect.
Negligence in these cases may involve:
- Ignoring hospital safety protocols
- Miscommunication between members of a surgical or nursing team
- Failure to monitor vital signs or provide adequate post-operative care
- Administering the wrong medication or dosage
When these errors occur, our medical malpractice lawyer can help gather evidence, obtain expert testimony, and hold the responsible parties accountable.
How Liability Is Proven
To establish liability in a medical malpractice claim, four key elements must be shown:
- Duty of care – The healthcare provider owed a legal duty to treat the patient in accordance with medical standards.
- Breach of duty – The provider failed to meet that duty through an act or omission.
- Causation – The breach directly caused the patient’s injury or worsened condition.
- Damages – The patient suffered measurable harm such as medical expenses, pain, or loss of income.
Under current New Jersey law, claimants must also submit an Affidavit of Merit from a qualified medical professional within 60 days after the defendant files an answer in the lawsuit. Recent rulings have clarified that when a physician practices in multiple specialties, an affidavit from one qualified specialist may satisfy the requirement. This helps streamline valid claims while discouraging frivolous filings.
Our medical negligence attorney can coordinate expert reviews, prepare the required documentation, and ensure compliance with all procedural rules.
Statute of Limitations and Deadlines
In New Jersey, most medical malpractice lawsuits must be filed within two years of the date the injury occurred or was discovered. This is known as the discovery rule, which allows extra time when a patient could not reasonably have known about the malpractice at the time it happened.
Certain exceptions apply. For example, in cases involving minors, the statute of limitations typically begins when the child turns 18. Because these deadlines are strictly enforced, consulting our medical malpractice attorney in New Jersey as soon as possible is critical.
Recoverable Compensation
Understanding the damages available helps patients see the full scope of recovery possible in a malpractice claim.
Successful malpractice claims may result in compensation for:
- Past and future medical expenses
- Lost wages or reduced earning ability
- Pain and suffering
- Long-term care or rehabilitation costs
New Jersey does not currently impose a cap on non-economic damages in medical malpractice cases, meaning that compensation for pain and suffering is determined by the evidence presented. However, legislative proposals continue to be introduced, so the law remains subject to future change.
The Sharma Law Office represents clients across Philadelphia, Lehigh Valley, and New Jersey who have been harmed by medical malpractice. To learn more about our background, visit our About Us page, or explore our practice areas.
Taking the Right Steps After Medical Negligence
If you believe you were injured because of a preventable medical error, it is essential to act quickly. Request copies of your medical records, write down a timeline of events, and seek an independent medical opinion to confirm what went wrong. Avoid discussing the matter with insurance representatives until you have received legal advice.
At The Sharma Law Office, our attorneys help clients uncover the truth behind medical mistakes and pursue fair compensation for their injuries. If you or a loved one has suffered due to medical negligence, we are ready to assist you. Visit our contact page to schedule a consultation and discuss your potential case.