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In medical malpractice cases a doctors potential negligence is determined in a different manner than other negligence cases in medical malpractice cases the standard that a doctor is usually held up to is the quality of care that doctors who are reasonably competent in a similar jurisdiction under similar circumstances would have provided. Emergency room medical malpractice in new jersey when you or a loved one faces a sudden health crisis the emergency room is often the place to turn to for immediate and expert care however there are some cases where a healthcare professionals errors mean that the patient suffers more injury and harm that can mean long term health issues. The law holds er doctors nurses and other personnel to the same medical standards of care as those working outside of the emergency room any deviation from these standards causing preventable patient harm may constitute medical malpractice like other malpractice cases emergency room malpractice cases center on the legal theory of negligence. 2012 march the traditional and time honored method of discovery in all medical malpractice cases involves three separate steps first obtaining the complete medical records on the plaintiff from all doctors and hospitals involved in the care second sending those records to a medical expert who hopefully provides a favorable opinion on negligence and causation and third taking . Worst medical malpractice cases from the past 10 years by carey flynn o june 8 there have been multiple incidences of medical malpractice in many regions where doctors have done the mastectomy to the wrong breast surgery tools left inside the patients body