Mammano, Aloi & Mulvihill, PC
Free Consultation: 856-336-5949 / 866-599-6461

Medical malpractice costs doctor fines and medical license

Medical malpractice or medical negligence by definition is any act or omission of the act by a medical practitioner digressing from the usual practice thereby resulting in any damages or injury to the patient. Medical malpractice lawsuits can be very complex, though, due to the need for medical expertise and the differences in laws between states. Laws relating to medical negligence have grown more stringent over time in many states, including New Jersey.

Recently, a New Jersey doctor had his medical license revoked after investigation in a medical negligence lawsuit was conducted. The doctor apparently was not a specialist but had conducted spine surgery on the victim. Allegations against the doctor also included that prior to establishing his practice in New Jersey he was accused of manslaughter for maladministration of anesthesia in England. The doctor had 11 cases of medical malpractice against him when his license was revoked.

Medical negligence or medical malpractice is a technical legal concept. To prove medical malpractice, a case has to pass a three-pronged test. First, it must be proved that the doctor owed a duty of care to the patient involved. Next, proof must be provided that the doctor had been negligent in his duty of care by digressing from the usual practice. Finally, the victim needs to prove that there had been damages or injury caused due to the negligence of the doctor.

Medical malpractice lawsuits are rather convoluted due to the medical negligence test. A mere wrong opinion of the doctor would not qualify as negligence in most cases. The victim and his family however do have a plethora of options for relief in case the lawsuit is proved against the doctor. Thus, it may be advisable to consult a professional in order to secure accountability in medical malpractice cases.

Source: NorthJersey.com, "North Jersey pain doctor settles spine surgery suit for $425,000," Lindy Washburn, June 25, 2014

No Comments

Leave a comment
Comment Information
Subscribe to This Blog's Feed FindLaw Network