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Perhaps you recently underwent surgery, but you've only felt worse, rather than better, since your operation. Perhaps, despite receiving treatment, you've failed to recover as you and your doctors had predicted you would. There are many forms of medical malpractice, with some easier to identify and prove than others. If you think you've been harmed by an error committed by a doctor, nurse, or other medical professional, there are certain steps you should consider in order to make a successful medical malpractice claim. 

Seek out a second opinion

When you're not at full health, it can be hard to tell whether your body simply isn't responding to the best treatment available, or if your doctor simply misdiagnosed or chose the wrong treatment for your condition. Seek out another doctor's opinion on your condition, so that you can discuss your concerns with an objective expert on the subject, and also to determine whether you need to seek additional treatment from a different, competent doctor in order to prevent the negligent doctor from doing additional harm.

Maintain careful notes and records

Having a written timeline of events regarding the diagnosis or treatment you received, including all appointments with your doctor, can be very useful in proving a malpractice claim. Take notes as these events happen, and keep any receipts and test results or scans for potential use as evidence. Request a copy of your complete medical file from the doctor you believe may have been negligent (though you may not want to mention your intention to explore a malpractice claim before you receive your file).

Contact an attorney who has successfully litigated medical malpractice claims

Malpractice committed by a doctor can require detailed factual investigations, an expert understanding of doctors' professional duties, and careful preservation of evidence. If you think you might have been a victim of a medical error, contact an attorney as soon as possible who can help you understand whether or not you have a claim, and how best to pursue it. You should definitely hold off on signing a release of rights or waiver of claims, or accepting a settlement offered by the physician or hospital, until you've had a chance to discuss your case in depth with an attorney or had the settlement and waiver reviewed by a legal professional.

Being in poor health is frightening enough without having to worry whether your doctor has made you more, rather than less, sick. Contact an attorney who can help you receive the compensation to which you're entitled if a doctor has committed medical malpractice in your case. For a consultation on your potential New Jersey medical malpractice claim, call the Morristown law firm of Smith & Doran at 973-292-0016.

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Smith & Gaynor, LLC
60 Washington Street, Suite 302
Morristown, NJ 07960

Phone: 973-532-2661
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