Medical Malpractice Attorney in Parsippany, New Jersey

How do I know if a bad outcome is a normal risk of a procedure or medical malpractice?

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The doctor needs to deviate from an acceptable standard of care. The doctor needs to do something that no reasonably
prudent physician would do under same or similar circumstances. Whenever you’re suing a licensed professional, a doctor,
a lawyer, an architect, you have to have an affidavit of merit. you need to get another doctor of the same type, exactly
the same type um to say yes, the offending doctor deviated from an
acceptable standard of care. He did something that no reasonably prudent doctor would do under same or similar circumstances. So for example, let’s say
somebody broke their femur and they broke bones in their foot. The standard of care is to first set the femur bone
and then set the bones in the foot. If the doctor does it backwards, if he sets the bones in the foot first and then he
tries to set the femur bone, that’s a deviation in the standard of care. No reasonably prudent orthopedist would do
that under same or similar circumstances.

Parsippany, NJ personal injury attorney Christopher Masmunno talks about how to know if a bad outcome is a normal risk of a procedure or medical malpractice. He explains that a medical malpractice claim requires proof that a physician failed to meet the accepted standard of care by acting in a way that a reasonably competent doctor would not under similar circumstances. He notes that cases involving licensed professionals, such as doctors, lawyers, and architects, generally require an affidavit of merit from a qualified expert in the same field who can confirm that the professional’s conduct fell below the appropriate standard. As an example, he describes a situation in which a patient suffers a broken femur and broken foot bones, explaining that proper treatment requires addressing the femur first. If a physician treats the foot before stabilizing the femur, that decision could be considered a departure from the accepted standard of care because a reasonably prudent orthopedic specialist would not proceed in that manner.

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