There are three main steps involved to determine the viability of any NJ medical malpractice case, especially one involving infection:
1. Conduct an extensive interview with the patient and his or her family.
This requires not only one, but in many cases, multiple interviews with the patient. Many times, family members can offer important details, such as doctors' names, dates of treatment, etc. The patient's version and timeline of events as well as onset of symptoms are crucial in determining the strength of a potential medical malpractice case.
2. Obtain all medical records including diagnostic test records and images.
Gathering medical records can be time consuming. Once all relevant records are in, the lawyer will review the records with the patient. In many instances, medical records are inaccurate or misstate symptoms. In order to proceed and ultimately prevail in a medical malpractice case, the medical records and diagnostic test images must paint a clear picture of the misdiagnosis.
3. Consult with an expert.
After the lawyer obtains the medical records and an accurate timeline of events, a medical expert will be consulted. That expert will be in the same field as the doctor or practice which misdiagnosed the infection. The expert will review the medical records, diagnostic images and determine whether there is a valid case or not. Depending on the type of infection, an infectious disease expert may also be necessary.
Once these steps have been followed, the case will be filed in a New Jersey court where either the patient-plaintiff lives or where the medical negligence occured. Read more about NJ medical malpractice cases involving failure to diagnose an infection.
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Our lawyers handle medical malpractice cases against hospitals, doctors, surgeons, laboratories and more. Our lawyers have the expertise and resources of a large 200 lawyer firm to help prosecute these cases. For a free consultation, call 877.944.8396.
*Disclaimer: This website does not provide any legal advice or create any attorney-client relationship. Each case is unique and requires review by a qualified attorney. Discussion of prior outcomes or results is no guarantee of the same or similar outcomes in current or future cases.