New Jersey Medical Malpractice Lawyers
Mazie Slater Katz & Freeman are widely recognized as top medical malpractice lawyers in New Jersey, having won landmark decisions and record-breaking awards in this specialized practice area. Every patient has the right to hold doctors, nurses, hospitals 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 doctor’s, nurse’s, or a hospital’s negligence. In fact, we have been named multiple times to the Best New Jersey Medical Malpractice Attorneys list by the Best Lawyers in America, and we are one of the only New Jersey medical malpractice law firms to have multiple attorneys who have been inducted into the prestigious New Jersey Law Journal Personal Injury Hall of Fame.
Our NJ medical malpractice lawyers have won tens of millions of dollars on behalf of deserving clients. These malpractice victims have benefitted from jury verdicts, which include the following:
- An $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.
- A $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.
In some instances, medical malpractice lawsuits are settled outside of the courtroom. Our firm has secured tens of millions of dollars in financial compensation on behalf of suffering patients. These settlements include the following:
- $7.5 million for the negligence of various doctors and nurses.
- $4.75 million for failure to diagnose cancer
- $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 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.
Our firm has a well-earned reputation for winning medical malpractice cases. In fact, we are often referred medical malpractice cases by other attorneys who trust us to represent their clients in lawsuits against physicians, hospitals, and other medical providers. If you have suffered severe and permanent damages due to the negligence a doctor, nurse, pharmacist, or other healthcare provider, we are here to fight for you! If you’ve been injured by a provider’s negligence, call Mazie Slater Katz & Freeman at 973-228-9898 for a free personalized consultation.
What is Medical Malpractice?
We expect medical providers to perform their duties with a certain level of skill and professionalism. In other words, we anticipate that they will provide care that follows the standards within the medical community. Medical malpractice is defined as a legal action against a doctor, nurse, pharmacist, or other medical professional whose conduct has been alleged to be negligent. The patient or person who is bringing the action is called the plaintiff. The medical professional being sued is referred to as the defendant. The defendant’s conduct is compared to a “standard of care” in order to determine if this professional’s performance has been negligent. The standard of care is typically defined as the level of competence that would be expected of any doctor, nurse, pharmacist or other medical professional who has average skills and the ability to practice within the same specialty as the defendant.
So what constitutes a medical malpractice lawsuit? If a doctor failed to act according to the standard of care, he or she is said to have committed medical malpractice. If a nurse has breached the standard of care, then she has been negligent and has committed nursing malpractice. Circumstances that may lead to a patient suffering harm and filing a claim of malpractice include:
- Poor medical decisions by providers.
- Errors in treatment, testing, or surgery.
- Failure to diagnose or properly provide care.
- Delay of care.
- Medical equipment misuse or failures.
A health care provider — a doctor, nurse, or other provider — is proven to be medically negligent in New Jersey when they injure a patient while administering care that is below the standard. The testimony of medical experts will often be key to a successful malpractice lawsuit in NJ. These experts will present a direct link between the medical provider’s actions and the victim’s injuries.
During a no-fee, no-obligation consultation, Mazie Slater Katz & Freeman can help you, the injured patient, determine if a medical mistake that caused harm could meet the legal standard for filing a medical malpractice lawsuit in a New Jersey court.
Types of Medical Malpractice Cases
Although we handle all types of medical malpractice lawsuits, the following types of medical malpractice cases are common:
Anesthesia – Anesthesia is used in many medical procedures, from major to minor surgery. Anesthesiologists have a responsibility to properly administer medication and to monitor a patient throughout a surgery or procedure. Anesthesiologists can be deemed negligent if they do not perform their duties to a standard level of competence. Improper anesthesia administration and a lack of patient monitoring could lead to catastrophic results. Injury, paralysis, disabilities, and even death may be the outcome of anesthesia malpractice, which warrants a no-fee consultation with one of our experienced attorneys.
Emergency Room Care – Today’s hospital ERs are often understaffed and crowded with patients needing urgent care. Emergency room physicians may be pressured to see more patients in less time. Unfortunately, these factors turn emergency rooms into environments where care is tragically delayed and medical errors are more common. ER malpractice can involve incorrect diagnoses, chart and medication mistakes, improper patient monitoring, or problems with testing. If an error in an ER diagnosis has left you with lasting effects, such as pain and loss of functionality, contact our experienced medical malpractice law firm today.
Cancer Treatments & Misdiagnoses – If a serious disease goes unchecked or is misdiagnosed, this can lead to a failure to treat or to delayed care. Sadly many cancers are misdiagnosed in New Jersey. Problems with a cancer diagnosis or a course of treatment can negatively affect a patient’s prognosis. When a delay in diagnosis can be directly linked to disease progression, a patient could claim malpractice due to a misdiagnosis. In addition to cancer, conditions such as heart attacks, appendicitis, and strokes are frequently misdiagnosed, causing health complications and suffering. Schedule a free consultation with a misdiagnosis lawyer as soon as a treatment issue is identified.
Medication Errors – The medication errors of doctors, nurses, hospitals, pharmacists, and other medical professionals can cause serious injuries or fatal reactions, especially when a patient has a drug allergy. These prescription drug errors can occur during the prescribing, dispensing, or administering of medication, or during patient monitoring. Medication problems range from improper labeling to incorrect dosing. If a pharmacy provides a patient with the wrong medication or dosage, the results are potentially threatening. If you’re the victim of a medication error, our medical malpractice lawyers in N.J. will seek to recover all possible damages.
Neurology –Neurology is the medical specialty that diagnoses and treats patients with brain, spine or nervous system injuries or diseases. Serious complications may result from errors made during all types of neurological surgery. Negligence during a procedure can result in a patient suffering from problems ranging from chronic pain to paralysis. Because neurological care often involves traumatic injuries and risky surgeries, our malpractice firm can offer valuable guidance regarding complex neurology lawsuits.
Nursing – Nursing malpractice occurs in hospitals, clinics, nursing homes and rehabilitation centers. It can involve a nurse’s action or failure to act. The medical professional may be negligent in monitoring a patient, using medical equipment, or providing incorrect medication to a patient. As nurses deliver care from the doctor’s office to the hospital, they must perform their duties with competence. If the patient suffers harm because of nursing malpractice, the providers – and the hospital or entity that employs them – could be held responsible. Contact us today for more information on this practice area.
Orthopedics – Orthopedic surgeries are often performed to correct bulging, herniated, and ruptured disks or to stabilize the spine. Artificial disk implantations or spinal injections are also part of orthopedic care. Even minimally invasive back surgeries can have risks related to tissue, bone, or nerves. That’s why complications due to orthopedic negligence are so serious, ranging from muscle weakness to partial paralysis. Delayed care may also cause substantial harm to the orthopedic patient. When injuries are due to an orthopedic mistake, our attorneys are ready to review the facts of the case.
Surgical – Whenever patients suffer unexpected pain due to the negligence of a surgeon, they deserve the expertise of a New Jersey medical malpractice attorney. Serious mistakes go beyond anticipated surgical risks and can lead to life-altering effects or death. These errors may be made by the surgeon, nurse, or other staff members at a hospital. From operations on the wrong limb to damaged nerves, surgical malpractice can cause significant suffering. We’re here to help with a free legal consultation.
Testing – Every year, New Jersey doctors
and hospitals order thousands of medical tests.Errors can occur when X-rays, MRIs, blood work or tissue samples are examined by medical professionals. Problems with medical testing cover misread tests, incorrect results or a failure to order tests. Samples may also be contaminated. Test results can be misplaced or never shared with patients. Contacting our testing error attorneys is a first step to receiving compensation for dangerous medical mistakes!
Why hire a lawyer for a Medical Malpractice Case?
In New Jersey, medical malpractice lawsuits come with unique challenges and significant expenses. These challenges are difficult for the injured patient to face alone. That is when the benefits of our aggressive law firm will be invaluable. 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 malpractices 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. If you have been injured by medical negligence, Mazie Slater Katz & Freeman has medical malpractice attorneys who offer legal guidance and these advantages:
Complicated malpractice claims and cases demand the skills and dedication of veteran attorneys who are well-versed in this specialized <a href=”/practice-areas/”>area of law</a>. When patients do not have a lawyer who specializes in medical malpractice, they may obtain the compensation they deserve from a physician, nurse, hospital or insurance company. This settlement may not be adequate to cover both their immediate needs and future health problems. An experienced attorney can develop a plan to prove that medical negligence directly caused a patient harm, enabling the victim to receive maximum compensation. If the provider’s negligence was fatal, compensation for a wrongful death can be sought by the surviving family members.
Standard of Care Determinations.
By having legal representation that specializes in medical malpractice, you could increase the value of a malpractice claim, especially if you have suffered a catastrophic injury. Our experienced malpractice attorneys will be able to review evidence, conduct interviews, and consult with experts to determine if a standard of care was not met by a medical provider. They will have the knowledge to hire the best experts who can evaluate a patient’s health records to see if, and how, a specific injury was suffered.
At Mazie Slater, we have won for our clients some of the highest settlements and verdicts of any medical malpractice law firm in New Jersey. Our medical malpractice lawyers will seek damages for lost wages, pain and suffering, treatment costs, and emotional issues. If your claim goes to trial, you will want a successful legal team on your side! Defendants in medical malpractice lawsuits often have insurance company attorneys working to discredit a plaintiff’s claims. These corporate attorneys want to reduce the damages or avoid paying compensation altogether. During a trial, an experienced attorney for the victim will have the ability to explain exactly how a defendant (health care professional) fell short of the standard of care and was negligent. Our lawyers specialize in medical, nursing and hospital malpractice and can also present expert medical professionals who we will use to prove to the jury how an error in medical treatment, or a failure to treat, clearly caused injury to the plaintiff.
No Upfront Fees.
Our firm works on 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 attorneys’ fees. There are often substantial expenses related to gathering and organizing the evidence that will support a patient’s claim of substandard care. The costs related to a malpractice case include fees for: expert analysis and testimony, the gathering of witness testimony under oath (depositions), document preparation, and legal filings. Establishing the grounds for malpractice and proving negligence is a complex process that is best handled by attorneys like us who specialize in this practice area.
At Mazie, Slater, Katz, Freeman, we understand that you place your trust in health care professionals. If these physicians, nurses and hospitals violate your trust by not delivering an appropriate standard of care, you have the right to be compensated for your damages. Let us fight for the compensation you deserve!
Medical Malpractice FAQ
Below you’ll find answers to common <strong>questions about medical malpractice</strong> and how best to fight for compensation following this type of personal injury.
1. Must a malpractice suit be filed in the state where treatment was received, or can I file in another state?
Normally, a lawsuit must be filed in the state where care was received. The exception is when the medical facility or health care professional also does business or resides in your home state. For example, some medical institutions and physicians groups operate in multiple states. Our law firm only handles medical malpractice cases within New Jersey.
2. What is a tort reform and how does it affect my malpractice claims?
Many state governments have passed legislation to limit the amount of damages that can be awarded in malpractice lawsuits. This is known as tort reform, and it is designed to help manage the increasing insurance rates that physicians pay. Currently New Jersey only limits punitive damage amounts by law. Punitive damages are sought in a malpractice claim when a healthcare professional acted maliciously. In contrast, compensatory damages, which are commonly sought, cover lost wages, pain, suffering, future earning losses, and treatment costs – and these damages are not limited in medical malpractice cases in NJ.
3. What is the time limit for filing a medical malpractice lawsuit?
States set time limits for filing lawsuits. In New Jersey, a patient must file within two years of discovering the injury. This date may be different from the date that the negligent action actually occurred. For example, you may have surgery and realize a month later that you’ve been harmed during the procedure. It is recommended that you contact a qualified attorney as soon as you become aware of a health problem caused by medical negligence.
4. Can a malpractice case be re-filed after a settlement is accepted?
One of the reasons you need expert legal representation in a medical malpractice case is because these suits cannot normally be reopened once you have signed documents accepting compensation and releasing the doctor, nurse or hospital from liability. The insurance company representing a physician or hospital may offer you a settlement when you notify the provider of the harm suffered. A malpractice lawyer will know if what you are being offered is fair, or if the proposed settlement should be rejected, with the case instead being filed as a lawsuit.
5. Who can be the defendant in a medical malpractice lawsuit?
Any healthcare provider who is licensed to practice or work in New Jersey could be liable for medical negligence. Providers can include individual defendants, such as doctors and nurses. They can also be organizations, such as hospitals, medical centers, nursing homes, or pharmacies. Our law firm can assist you in determining if the person or entity that caused you harm is a provider with liability under New Jersey law.
6. Can you sue for what potentially could have occurred during a medical procedure?
If no harm occurs to you, it may not be cost effective to pursue a malpractice lawsuit.Even if you learn of a safety, professional or ethical issue involving your procedure, these problems, alone, do not justify a malpractice lawsuit. Also, a misdiagnosis on its own is probably not grounds for a lawsuit. However, if this misdiagnosis caused harm and was due to negligent care, you will want to speak to an attorney regarding your options.
7. What is informed consent?
Hospitals and medical providers ask patients to sign informed consent forms. These documents advise patients of the risks associated with treatments or surgeries. If you sign a consent, you are stating that you understand any medical risks and agree to proceed with treatment. Informed consent forms do not shield the physician who has been negligent. If there is evidence of malpractice, a claim or lawsuit can be filed.
We know you may have concerns that are not covered in this medical malpractice FAQ section. Call or email us at 973-228-9898 today to receive answers to your specific questions. Our NJ medical malpractice attorneys stand ready to assist you!
Mazie Slater Katz & Freeman
103 Eisenhower Parkway, 2nd Floor
Roseland, NJ 07068