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How to prove medical negligence in "never events"


New Jersey residents consult medical practitioners to treat various illnesses, seeking the advice and care of a doctor when they are vulnerable and in pain and do not know what else to do. With extensive years of education and specialized medical training, doctors are presumed to be knowledgeable. Additionally, since they have taken the Hippocratic Oath, these medical professionals are believed to put the needs of their patients first and treat them with the utmost care and dignity. However, in some cases it has been found that a doctor's negligence is so blatant and obvious that it caused a patient to suffer serious harm.

Medical malpractice is based on the tort law principle of negligence. Common law provides that the burden of proof in medical negligence cases lies with the plaintiffs and their attorneys. However, in some cases, medical negligence might be so gross and apparent that it is obvious to the court that a doctor is guilty of medical negligence. Such events have been termed "never events" to show that these gross medical malpractice events should never have been committed in the first place.

Attorneys at Marmero & Mammano, PC, have dealt with many cases of never events, where the doctors operated on the wrong body site or even left pieces of medical equipment and tools in the body of a patient after surgery. Never events can cause serious bodily injury to patients that can last their whole life. These victims may also suffer serious emotional and financial losses that leave them unsure of their future.

In these instances, the principle of "res ipsa loquitor," or "the thing speaks for itself," may apply, which would shift the burden of proof to the defendant. This may make it easier for a medical malpractice victim to satisfactorily show negligence and thus recover the compensation he or she deserves.

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