How A New Jersey Personal Injury Lawyer Can Help?
Feeling sick? Don’t create chaos over it. What you need is the right diagnosis after which you can go for appropriate treatment and medical intervention will still work. If there is any delay in the accuracy of the diagnosis, however, then it can be the difference between life and death. Curious to know who can aid you to resolve this?
A personal injury attorney in New Jersey can come to your rescue in terms of running after the compensation from the party who is at fault regarding a mistake in diagnosis. This article will give you an insight on not only the diagnostic errors, their impact, and causes, but also how a personal injury mediation works.
Types of Personal Injuries
If you have been injured owing to someone’s negligence, then, in New Jersey, you must meet some of the conditions to seek compensation for the financial recovery while the pain, lost wages, and suffering are also taken into consideration. In New Jersey, there are a variety of personal injuries described as follows:
- Car Accidents: One of the most common personal injuries that occur in New Jersey involves car accidents. The accidents can cause injuries that can vary from minor to major or, in some cases, can even cause death. Some of the injuries caused due to car accidents are traumatic brain injuries, broken bones, spinal cord injuries, emotional disturbance, or minor cuts. Generally, the victims facing this kind of accident are bicyclists, pedestrians, drivers, or passengers. If you have also suffered from a car accident and do not know how to get compensation then take help from an experienced Auto Accident Attorney in New Jersey.
- Serious Dog Bites: If you have been injured by a dog bite caused by someone else’s mistake, then you can hold that person liable for the injuries caused to you. Even if the dog does not show any tendency to bite previously, if the dog bites a person, then the owner of the dog will be strictly liable for all the injuries caused to the other person.
- Medical Malpractice: In medical malpractice, a doctor or a medical professional has done something or he or she hasn’t done something which violates the standard of care and causes an injury to a patient or has harmed the patient. Medical malpractice largely depends on how a particular doctor would have acted in a particular situation. Medical malpractice can come in the form of childbirth mistakes, mistakes in performing tests, errors in surgery, or mistakes in giving anesthesia to a patient.
- Product Liability: Generally, products are safe if consumed in the right quantity, but product manufacturers, designers and distributors can be liable if dangerous products cause harm or cause an injury to an individual. The person who is injured will be able to get compensation for harm suffered due to the defective product. Some examples of defective products can be damaged furniture, damaged electrical goods, contaminated food, contaminated blood transfusion, or defective medical devices. Contact a New Jersey Personal Injury Attorney who can provide you the essential details on product liability.
- Wrongful Deaths: In wrongful death lawsuits, there is a possibility that someone has been killed by the negligence of someone else. The deaths often are the result of medical malpractice, crashing of airplanes, car accidents, accidents on construction sites, or by using a defective product.
Impact of Diagnostic Error
Have you ever imagined how a delayed medical diagnosis can impact your health? Consider a case of a forest fire. A forest fire can destroy thousands of acres in just a blink of an eye. However, just imagine that if someone analyzed the situation before the fire spreads and rapidly quenches the fire with some water then it would be a much more controlled situation.
Similarly, if within the time you go to see a doctor right away, the doctor will surely evaluate your symptoms and treat you accordingly which will result in positive consequences. If immediate treatment is not taken in a serious illness such as cancer, it might result in last-stage malignancy which might not be curable at all.
Do you know? The statistics highlight that 80,000 Americans on average die every year owing to diagnostic errors. The delayed diagnostic errors are most common and can pose a serious threat to the health and well-being of an individual who is the patient and has been injured. Contact a New Jersey Personal Injury Attorney to know more about the personal injury law.
Major Causes of Diagnostic Delays & Misdiagnosis
One of the fundamental reasons for diagnostic delays can be attributed to improper communication between specialists and primary care doctors. Let’s better understand by looking at an example. Suppose, a doctor miscommunicates by sharing inaccurate results with a patient and refers him or her to a specialist. A specialist is the one to whom the patient has been referred by the doctor. Improper communication can be the main cause of diagnostic errors. There are, however, some more causes of misdiagnosis described as follows:
- Inappropriate test results: The situation may occur if the laboratory where the tests are conducted has malfunctioning pieces of equipment or outdated chemicals. Sometimes, it may also happen that testings are inaccurate or maybe the reports of the patients are mixed-up.
- Insufficient staffing: It may also happen that a hospital lacks in having enough staff required for gathering the patient’s data. This is one of the reasons why doctors cannot give a rapid diagnosis. And if the time exceeds certain limits, the chemicals may deteriorate leading to wrong results.
- Lack of Diligence: Sometimes, it might happen that the primary care doctor is not able to identify the cause of the illness of the patient correctly. If the doctor wrongly diagnosed the situation as stomach aches instead of stomach cancer then it can worsen the situation.
- Failure to Communicate: In some cases, it might happen that the primary care doctor in charge is not able to communicate effectively to the specialist which can cause the specialist to wrongly diagnose the situation.
Therefore, if you are harmed by the delayed diagnosis then you should consult a personal injury attorney in NJ who might help you in getting you financial compensation for the losses that you might have gone through. A personal injury attorney may help you by completely evaluating your situation and also in the protection of your legal rights.
For any help needed, consult the Law Offices of Lidia Alperovich who might come as a silver lining in your life.
How Can Mediation Resolve a Personal Injury Case in New Jersey?
We hope that you have gained enormous clarity about diagnostic errors, their causes, and their impact. Now, we will through some benefits and details on how personal injury mediation works. Mediation could resolve your injury case in New Jersey, which can be both economically and rapidly completed.
If you contact the right attorney who is experienced and has experience in handling your type of case, then it might bring valuable monetary compensation for you. Your New Jersey personal injury lawyer might clear your litigation bills while the case is going on a condition that you will be paying back all the expenses incurred out of the settlement or court award.
Before diving in deep, let’s get to know what mediation is. When disputes occur among people, they try to mediate that dispute and reach a settlement by resolving the issues by taking the help of a third party which is known as the mediator. However, the mediator must not have any connection with the two parties.
Parties in Mediation
Personal injury claims generally involve two parties, namely, the plaintiff and the defendant, along with the defendant’s liability insurance company.
The plaintiff is an individual who has been hurt and is asking for monetary compensation from the party who is at fault. The defendant is an individual who is being blamed for the injury.
In the personal injury case, the involvement of the defendant is often minimal, which might vary from a day-to-day basis. The insurer is responsible for assigning the claim to the adjuster and investigating the case. Further, he tries to resolve the claim. In the case of mediation, one has to deal with the defense attorney for the insurer.
It is supposed that you and your injury lawyer, however, have met and discussed all the details of the claim, strengths, and weaknesses of the claim, and the settlement as well. Now, after understanding all this let’s get clarity on what happens in a mediation session.
Mediation is not as formal as a trial. In fact, in mediation, the two parties meet at the mediator’s office in a conference room where the mediator will clearly explain the process of mediation along with the ground rules. Your lawyer and the defense lawyer will one by one present their arguments in front of the mediator and then to each other as well.
Then, both the parties might proceed to the different rooms. It depends on the mediator to go to their rooms with the offers for settlement along with other necessary information. It depends on the parties how many meetings they require in order to reach a settlement agreement. Overall, mediation is often a less expensive process and will help to not create a hole in your pocket.
It might happen, however, that the parties do not come to a settlement. In that case, the parties can file a case in the lawsuit and go forward with the case.
It might not be certain that mediation is one of the best choices for you as it varies on the facts of your injury case. Therefore, to take the correct guidance in your case, it is advisable to consult a knowledgeable, skilled, and qualified attorney who might gain insights into your case and might help you in the best possible way.
The best and the most renowned personal injury attorney must be contacted to get the right guidance and approach in your case, who will let you know the pros and cons of the right medical diagnosis, along with letting you know whether mediation is the correct strategy for your type of case or not. Contact an injury attorney for accurate and precise assistance.