New Jersey Medical Malpractice Legal Services
Reviewed by Mazie Slater’s specialized car accident 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 attorneys have a proven track record of securing substantial 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 initial consultation to courtroom representation.
Why Choose Mazie Slater Law Firm to Handle Your Medical Malpractice Case
Mazie Slater Katz & Freeman are widely recognized as 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 team of experienced and aggressive medical malpractice attorneys will seek damages for lost wages, pain and suffering, treatment costs, emotional issues, and more.
In fact, Best Lawyers in America has repeatedly named us among the “Best New Jersey Medical Malpractice Attorneys,” and we are one of the only New Jersey medical malpractice law firms with multiple attorneys who have been inducted into the prestigious New Jersey Law Journal Personal Injury Hall of Fame. In addition, we are the only New Jersey law firm to have been named multiple times as the National Law Journal’s Medical Malpractice Law Firm of the Year (for the entire United States).
Successful Medical Malpractice Lawsuits Represented By Mazie Slater
Our New Jersey medical malpractice attorneys have had incredible success for our clients. These victims of medical negligence have received substantial jury verdicts, including:
- $18.5 million jury verdict in a birth injury malpractice case against a doctor and a hospital that caused a child to suffer from cerebral palsy. This is believed to be the largest birth injury recovery in New Jersey history.
- $12 million jury verdict against an oral surgeon 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.
- $3 million jury verdict for malpractice that resulted in a patient’s death.
Many medical malpractice and negligence cases are resolved through out-of-court settlements. Some of our notable medical malpractice settlements include:
- $13 million settlement for a birth injury that led to cerebral palsy from a delayed C-section during birth.
- $12.5 million settlement for medical malpractice that led to a leg amputation.
- $8 million 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 for the negligence of various doctors and nurses.
- $5.5 million for medical malpractice, which led to wrongful death
- $4.75 million for failure to diagnose cancer
- $4.5 million for medical malpractice, which led to the wrongful death of a child.
- $3.9 million for surgical malpractice.
- $3.85 million for the negligence of a pharmacist and a nurse in giving a child the wrong medication.
- $3.5 million for medical malpractice in failing to diagnose a condition that led to a stroke.
- $2.4 million for medical malpractice in failing to diagnose a condition that led to a leg amputation.
- $2.75 million involving the failure of a radiologist, emergency room physicians, nurses, and a hospital to properly diagnose nerve compression from a shoulder fracture.
* Results may vary depending on your particular facts and legal circumstances.
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 tort law dealing with professional negligence.
To establish a medical malpractice claim, four key elements must be proven:
- A professional duty owed to the patient
- Breach of that duty
- Injury caused by the breach
- Resulting damages
Medical malpractice cases are complex and challenging to resolve, whether through trial or settlement. Our law firm has a proven track record of securing substantial, life-changing verdicts and settlements for our clients.
Types of Medical Malpractice Cases We Handle
Our New Jersey medical negligence attorneys handle a all types of malpractice cases, including these common types:
- Misdiagnosis or failure to diagnose
- Surgical errors
- Medication errors
- Emergency room errors
- Birth injuries
- Improper anesthesia administration
- Hospital-acquired infections
- Mishandled cancer treatments
- Premature discharge
- Failure to order appropriate tests or act on results
- Leaving objects inside the patient’s body after surgery
- Operating on the wrong body part
- Nursing malpractice
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:
- Initial Consultation: We offer a free, confidential consultation to evaluate your case and discuss your legal options.
- Investigation: Our team thoroughly investigates your claim, gathering medical records, consulting with experts, and building a strong foundation for your case.
- Case Evaluation: We assess the strength of your case and potential compensation, providing honest feedback on the best course of action.
- Filing the Lawsuit: If warranted, we file a lawsuit on your behalf, ensuring all legal requirements are met.
- Discovery: We engage in the discovery process, exchanging information with the defendant’s legal team and deposing key witnesses.
- Negotiations: Our skilled negotiators work to secure a fair settlement, often resolving cases without the need for trial.
- Trial Preparation: If a settlement can’t be reached, we meticulously prepare your case for trial.
- 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, ensuring your voice is heard and your interests are protected. Our goal is to secure the maximum compensation possible for your injuries and suffering.
Potential Compensation in Medical Malpractice Cases
In New Jersey medical malpractice lawsuits, victims may be eligible for various types of compensation:
Economic Damages
- Medical expenses (past and future)
- Lost wages and earning capacity
- Rehabilitation costs
- Out-of-pocket expenses
Non-Economic Damages
- Pain and suffering
- Emotional distress
- Loss of enjoyment of life
- Loss of consortium
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 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 us 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
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: A healthcare provider-patient relationship must have existed, establishing a duty of care.
- Breach of standard care: The provider’s actions deviated from accepted medical standards for your condition and circumstances.
- Causation: This breach directly caused your injury or harm.
- Damages: You suffered significant injuries or losses as a result.
- Statute of limitations: Your case must be filed within New Jersey’s two-year time limit.
After consulting with a medical malpractice attorney 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 lawyer representing you. Proving medical negligence can be a time-consuming and detailed process that is based on:
- The fact that the provider had a responsibility for your care.
- The individual provider or hospital was negligent in honoring this responsibility.
- 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 firm is 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 medical malpractice 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. For minors, the statute of limitations begins on their 18th birthday, allowing them until age 20 to file a claim. However, if the case involves a birth injury, the claim must be filed before the child turns 13. In wrongful death cases resulting from medical malpractice, the claim must be filed within two years from the date of the patient’s death. If the claim is against a governmental employee or entity, then a much shorter time period applies.
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. Ultimately, while some cases may resolve within a year or two, others can take up to 4 or 5 years. It’s important to note that while a quicker resolution may be desirable, thorough preparation and investigation are essential for securing the best possible outcome for the plaintiff.
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:
- The applicable standard of care
- How the defendant failed to meet that standard
- How this failure caused the plaintiff’s injuries
Expert testimony is typically necessary because:
- Medical issues are complex and beyond common knowledge
- Only medical professionals can define appropriate standards of care
- 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.