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Medical Malpractice
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New Jersey Medical Malpractice Legal Services  

Reviewed by Mazie Slater’s experienced medical malpractice attorney [David A. Mazie – Managing Partner of Mazie Slater Katz & Freeman]

At Mazie Slater, we provide comprehensive legal services for victims of medical malpractice in New Jersey. Our experienced medical malpractice attorneys are near you and have a proven track record of securing substantial jury verdicts and settlements for clients who have suffered damages due to healthcare negligence. With a deep understanding of New Jersey’s complex medical malpractice laws, we guide you through every step of the legal process, from our initial free consultation to aggressive courtroom representation.

Why Choose Mazie Slater Law Firm to Handle Your Medical Malpractice Case

Mazie Slater Katz & Freeman are widely recognized as some of the top medical malpractice lawyers in the New Jersey area, having won landmark decisions and record-breaking awards in medical negligence cases. Every patient has the right to hold doctors, nurses, hospitals, chiropractors, therapists, and other medical providers liable for mistakes that cause harm, and we have a long, distinguished history of aggressively fighting for the rights of people who were injured or killed as a result of a medical professional’s negligence. We have won our clients some of the highest settlements and verdicts of any medical malpractice law firm in New Jersey.

Our Successful Medical Malpractice Jury Verdicts

Unlike most other personal injury law firms specializing in medical malpractice, we have five Certified Civil Trial Attorneys, a designation held by less than 2% of all New Jersey attorneys. We are well-known to be aggressive and extremely successful at trial, with unmatched trial successes for our clients. Clients we have represented for medical negligence have received substantial jury verdicts, including:

  • $18.5 million jury verdict in a birth injury malpractice case in Essex County against a doctor and a hospital that caused a child to suffer from cerebral palsy.  
    • This jury verdict is believed to be the largest birth injury recovery in New Jersey history.
  • $12 million jury verdict against an oral surgeon in Middlesex County whose negligence led to the death of a 21-year-old who had his wisdom teeth extracted.
  • $9.7 million jury verdict for permanent pelvic pain after a patient was injured donating bone marrow in Bergen County.
  • $3 million jury verdict for medical malpractice at the University Hospital in Newark, in Essex County, that resulted in a patient’s death.

Our Successful Medical Malpractice Settlements

Many medical malpractice and negligence cases are resolved through out-of-court settlements. Some of our notable medical malpractice settlements include:

  • $13 million confidential settlement for a birth injury that led to cerebral palsy from a delayed C-section during birth.
  • $12.5 million confidential settlement for medical malpractice during a tonsillectomy that led to a leg amputation.
  • $11.4 million confidential settlement for medical malpractice for failure to diagnose a vascular injury that led to the amputation of our client’s leg.
  • $8 million confidential settlement for medical malpractice, which was caused by the negligence of nurses, a doctor, and a physician’s assistant in treating a child in a hospital.
  • $7.5 million settlement for the negligence of various doctors and nurses in Essex County.
  • $5.5 million settlement for medical malpractice in Essex County, which led to wrongful death.
  • $4.75 million settlement for failure to diagnose cancer.
  • $4.5 million settlement for medical malpractice in Essex County, which led to the wrongful death of a child.
  • $3.9 million settlement for surgical malpractice during sinus surgery that led to issues with double vision.
  • $3.85 million settlement for the negligence of a pharmacist and a nurse in Bergen County in giving a child the wrong medication.
  • $3.5 million settlement for medical malpractice in Morris County for failing to diagnose a condition that led to a stroke.
  • $2.4 million settlement for medical malpractice in failing to diagnose a condition that led to a leg amputation.
  • $2.75 million settlement involving the failure of a radiologist, emergency room physicians, nurses, and a hospital in Bergen County to properly diagnose nerve compression from a shoulder fracture.

* Results may vary depending on your particular facts and legal circumstances.

Rated as one of the Best Medical Malpractice Law Firms in New Jersey

Mazie Slater Katz & Freeman is consistently named among some of the best medical malpractice law firms in both New Jersey and across the nation in lists published by attorney rating publications. Here are some of the medical malpractice awards we have won for our New Jersey clients over the years:

Recovering compensation for those who are injured due to medical negligence in New Jersey is our goal. We will analyze your medical malpractice case, and we hold the negligent parties accountable to the fullest extent of the law.

What Is Medical Malpractice?

Medical malpractice is a legal cause of action that occurs when a healthcare professional deviates from the accepted standards of medical practice, resulting in injury or harm to a patient. It is a specific subset of personal injury law dealing with professional negligence.

To establish a medical malpractice claim, four key elements must be proven:

  1. Duty of Care – A professional duty owed to the patient
  2. Breach of Duty – When that duty of care isn’t fulfilled
  3. Causation – Injury caused by the breach
  4. Damages – The damages that resulted from the breach of duty and injuries

Medical malpractice cases are complex and challenging to resolve, whether through trial or settlement. Mazie Slater Katz & Freeman is consistently rated one of the top medical malpractice law firms in New Jersey, and we have a proven track record of securing substantial, life-changing verdicts and settlements for our clients.

New Jersey Medical Malpractice Case Statistics

Medical Malpractice encompasses a wide variety of cases, such as surgical malpractice, testing errors, and even wrongful death. Below are some statistics about New Jersey medical malpractice cases.

Types of Medical Malpractice Cases We Handle

Our New Jersey medical negligence attorneys handle all types of medical malpractice cases across the state, including these common types:

Misdiagnosis or Failure to Diagnose

Medical malpractice can occur when a medical condition is either misdiagnosed, completely ignored, or when improper treatment is administered. All of these factors can cause the condition to worsen, leading to additional medical injuries or even death. A few medical conditions commonly seen in misdiagnosis malpractice cases are:

  • Cancer Diagnoses & Treatments
  • Appendicitis
  • Strokes
  • Heart Attacks

Medication Errors 

Medication errors in medical malpractice cases typically involve healthcare providers prescribing the wrong drug, incorrect dosages, or failing to account for dangerous drug interactions with the patient’s existing medications. These errors can also occur when pharmacists incorrectly fill prescriptions or when medical staff administer medications through the wrong route or to the wrong patient, potentially causing severe adverse reactions, organ damage, or death.

Testing Errors

Testing errors in medical malpractice cases involve laboratory technicians performing the wrong diagnostic tests, using contaminated or defective equipment that produces inaccurate results, or misinterpreting test findings that lead to delayed or incorrect diagnoses. Healthcare providers can also be liable for ordering inappropriate tests, failing to follow up on abnormal results, or not communicating critical test findings to patients in a timely manner, which can result in missed opportunities for early treatment of serious conditions like cancer or heart disease.

Surgical Malpractice 

Medical malpractice cases can be categorized as surgical malpractice when errors are made during the surgical procedure, such as operating on the incorrect body part or objects left inside the patient’s body after surgery. A few categories of surgery that commonly lead to medical malpractice cases are:

  • Neurosurgery – These surgeries focus on issues related to the brain and spinal cord, so surgical errors during these procedures can have devastating consequences.
  • Orthopedic Surgery – These surgeries focus on joint movement, including the spine, so surgical errors during these procedures can lead to paralysis in parts of the body or even death.
  • Eye Surgery – These surgeries focus on restoring vision or improving eye health, and surgical errors during these procedures can lead to permanent vision damage.
  • Lasik Eye Surgery – These eye surgeries specifically focus on improving vision, and surgical errors during LASIK procedures can lead to permanent loss of vision.

Anesthesia Malpractice

Anesthesia malpractice occurs when anesthesiologists fail to properly monitor patients’ vital signs during surgery, administer incorrect dosages that can cause brain damage from oxygen deprivation, or neglect to account for patient allergies and medical conditions that affect anesthesia tolerance. These errors can also involve inadequate pre-operative evaluation, improper intubation leading to airway complications, or failure to recognize and respond to life-threatening reactions during surgery, potentially resulting in permanent neurological damage, coma, or death.

Emergency Room Malpractice 

Emergency room malpractice typically involves healthcare providers failing to properly triage patients, misdiagnosing critical conditions like heart attacks or strokes as less serious ailments, or discharging patients prematurely without adequate evaluation or follow-up care.

Birth Injuries 

Birth injuries can occur to both mother and child if there is medical negligence during the birthing process. A few of the most common birth injuries seen in medical malpractice cases are:

  • Cerebral Palsy – This traumatic brain injury can occur if the baby lacks oxygen during the birthing process. 
  • Erb’s Palsy – This traumatic brain injury can occur if prolonged pressure is put on the Erb’s nerve point near the baby’s collarbone during the birth process. 
  • Shoulder Dystocia – This can occur when the baby’s shoulder impacts the mother’s pelvis.

Nursing Malpractice 

Nursing malpractice occurs when nurses fail to properly monitor patients’ conditions, administer medications incorrectly, or neglect to follow physician orders and established protocols, leading to preventable complications or worsening of the patient’s condition.

Nursing Home Abuse or Negligence 

Nursing home negligence involves facility staff failing to provide adequate medical care, proper nutrition, or assistance with daily activities, leading to preventable conditions such as bedsores, malnutrition, dehydration, or medication errors that can cause serious harm or death. This negligence can also include physical or emotional abuse by staff members.

Wrongful Death

Wrongful death in medical malpractice occurs when a patient dies as a direct result of a healthcare provider’s negligence. This type of case can cover any form of medical malpractice, from surgical errors to birth injuries, where survivors are left coping with expenses and emotional loss. New Jersey has laws that govern the damages families may collect in a lawsuit when a loved one is killed due to medical negligence. These are known as the New Jersey Wrongful Death Act and the New Jersey Survivorship Act.

Our Process for Handling Medical Malpractice Claims

At Mazie Slater, we approach each medical malpractice case with meticulous care and dedication. Our proven process includes:

  1. Initial Consultation: We offer a free, confidential consultation to evaluate your case and discuss your legal options.
  2. Investigation: Our team thoroughly investigates your claim, gathering medical records, consulting with medical experts, and building a strong foundation for your case.
  3. Case Evaluation: We assess the strength of your case and potential compensation, providing honest feedback on the best course of action.
  4. Filing the Lawsuit: If warranted, we file a lawsuit on your behalf, ensuring all legal requirements are met.
  5. Discovery: We engage in the discovery process, exchanging information with the defendant’s legal team and deposing key witnesses.
  6. Negotiations: Our skilled negotiators work to secure a fair settlement, often resolving cases without the need for trial.
  7. Trial Preparation: If a settlement can’t be reached, we meticulously prepare your case for trial.
  8. Courtroom Representation: Our experienced trial attorneys vigorously advocate for you in court, presenting a compelling case to the jury.

Throughout this process, we keep you informed and involved about your medical malpractice case, ensuring your voice is heard and your interests are protected. Our medical lawyers’ goal is to secure the maximum compensation possible for your injuries and suffering.

Compensation & Damages in Medical Malpractice Cases

Potential Compensation in Medical Malpractice Cases

The medical malpractice attorneys at Mazie Slater Katz & Freeman are near you and have successfully secured compensation for victims of healthcare negligence across New Jersey, with recoveries spanning from substantial six-figure settlements to multi-million dollar (seven and eight figure) settlements and verdicts. The compensation awarded in medical malpractice cases is determined by numerous case-specific factors, including:

  • Severity of the medical error and deviation from standard care
  • Degree and permanence of resulting injuries or disabilities
  • Physical pain and emotional suffering endured by the patient
  • Financial losses, including lost income and diminished earning capacity
  • Ongoing and future medical treatment requirements
  • Outstanding medical expenses from treating the malpractice-related injuries
  • Available insurance coverage and defendant’s financial resources

Our dedicated legal team conducts thorough investigations of each medical negligence claim, working with qualified medical experts to build compelling cases that demonstrate the full scope of harm caused by healthcare provider errors. We understand that behind every medical malpractice case is a person whose life has been forever changed by preventable medical mistakes, and we are committed to holding negligent healthcare providers accountable while securing maximum compensation for our clients’ suffering and losses.

*Each medical malpractice case is unique, and the value of your case will depend on the specific circumstances surrounding your injury. 

Types of Damages for Medical Malpractice Cases

In New Jersey medical malpractice lawsuits, victims may be eligible for two types of damages: economic and non-economic. Learn more about each below: various types of compensation:

  • Economic Damages – These are tangible financial losses such as current or future medical expenses, lost wages due to being unable to work, rehabilitation costs, and out-of-pocket expenses related to your injury.
  • Non-Economic Damages – These are intangible losses such as pain and suffering, emotional distress, loss of enjoyment in life, and quality of life impacts. Unlike some states, New Jersey does not cap non-economic damages in medical malpractice cases, allowing for fair compensation based on the severity of injuries.

It’s important to note that each case is unique, and compensation varies based on factors such as the extent of injuries, impact on quality of life, and strength of evidence. Our experienced attorneys work diligently to secure the maximum compensation possible for our clients.

Schedule A Free Medical Malpractice Case Consultation Today

If you or a loved one has suffered due to medical negligence, don’t face this challenging time alone. The experienced New Jersey medical malpractice attorneys at Mazie Slater are in your area and here to help. We offer a free, no-obligation consultation to discuss your case and explore your legal options. During this meeting, we will:

  • Listen to your story with compassion and understanding
  • Evaluate the merits of your potential claim
  • Explain the legal process and what you can expect
  • Answer any questions you may have

There’s no risk in reaching out, and the information you share is kept strictly confidential. Don’t let time run out on your right to seek justice and compensation. Contact our top medical malpractice attorneys today to schedule your free consultation at our New Jersey law office, and let us use our expertise and proven track record to help you receive the compensation you deserve.

Frequently Asked Questions About Medical Malpractice Cases

You can find answers to frequently asked questions about medical malpractice cases in this section. We are here to provide valuable information on how best to seek compensation for physical or emotional harm.

How do I know if I have a valid medical malpractice case?

To determine if you have a valid medical malpractice case, we consider these key factors: duty of care, breach of that duty, causation, and damages.

After consulting with one of our top medical malpractice attorneys during a professional evaluation, we will review your medical records, consult experts, and assess if your case meets the legal requirements. Remember, not all negative medical outcomes constitute malpractice; the injury must result from negligence that falls below the accepted standard of care.

Should I hire an attorney to represent me in a medical malpractice lawsuit?

In New Jersey, medical malpractice lawsuits come with unique challenges and significant expenses that are extremely difficult to handle without an experienced med mal lawyer representing you. Proving medical negligence can be a time-consuming and detailed process that is based on:

  1. The fact that the provider had a responsibility for your care.
  2. The individual provider or hospital was negligent in honoring this responsibility.
  3. Medical carelessness or negligence caused you serious harm that requires compensation.

Medical malpractice cases are extremely difficult to resolve, whether that resolution comes during a trial or a settlement. Our law malpractice law firm is near you and proud of our successful record in obtaining significant, life-changing verdicts and settlements for our clients.

How much does it cost to hire a medical malpractice attorney in New Jersey? 

At Mazie Slater Katz & Freeman, you do not incur any charges unless we collect money on your negligence claim. Our firm works on a contingency basis, meaning our fee is based on a percentage of the compensation you receive from a claim settlement or a trial verdict. If you don’t win, you don’t have to pay our attorney fees. Our med mal attorneys offer free consultations, allowing you to initiate legal processes without financial risk.

What is the statute of limitations on medical malpractice cases in New Jersey?

In New Jersey, the statute of limitations for medical malpractice cases is generally two years. This period typically begins from the date the patient discovers or reasonably should have discovered the injury caused by medical negligence. If the injury is immediately apparent, the two-year limit starts from the date of the incident. There are exceptions to this rule, particularly for minors and birth injuries, so it is important to discuss these with an experienced medical malpractice lawyer near you.

How long does a medical malpractice lawsuit typically take?

Medical malpractice lawsuits typically take between 2 to 5 years to resolve, although the duration can vary significantly based on several factors. The complexity of the case plays a crucial role; more intricate cases involving multiple parties or certain medical issues tend to take longer. Additionally, the timeline can be influenced by settlement negotiations, as cases may settle at any point—from before filing a lawsuit to just before or during trial. Court schedules also impact the duration, as busy courts can cause delays in scheduling trials. While many medical malpractice cases settle in the months leading up to a jury trial, if a case does proceed to trial, it typically lasts weeks.

How does New Jersey law define the standard of care in medical malpractice cases?

New Jersey law defines the standard of care in medical malpractice cases as the level of care, skill, and treatment that would be considered acceptable and appropriate by healthcare providers in similar circumstances. This standard represents the expected quality of medical treatment that a professional with comparable qualifications, training, and experience would provide in a similar situation.

Do I need an expert witness for my medical malpractice case?

In most medical malpractice cases, expert witness testimony is crucial and often required. Expert witnesses help establish:

  1. The applicable standard of care
  2. How the defendant failed to meet that standard
  3. How this failure caused the plaintiff’s injuries

Expert testimony is typically necessary because:

  1. Medical issues are complex and beyond common knowledge
  2. Only medical professionals can define appropriate standards of care
  3. Causation in medical cases is often difficult to prove without expert analysis

In New Jersey, you must file an affidavit within 60 days of starting your lawsuit, stating that an expert believes there’s a reasonable probability the care provided fell below acceptable standards.

How can I find an experienced medical malpractice lawyer near me?

Mazie Slater Katz and Freeman are proud to serve clients suffering from medical malpractice injuries throughout New Jersey, including the following counties: Atlantic County, Bergen County, Burlington County, Camden County, Essex County, Gloucester County, Hudson County, Hunterdon County, Mercer County, Middlesex County, Monmouth County, Morris County, Ocean County, Passaic County, Somerset County, Sussex County, Union County, and Warren County.