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New Jersey Medical Malpractice Lawyer, Bergen County

medical professionals performing surgeryTrusted personal injury attorneys seeking justice for victims of medical negligence in Bergen County, Hackensack, Paramus and throughout New Jersey and NYC.

Trust is the most important characteristic of the doctor-patient relationship.  When a doctor breaches a patient’s trust by providing substandard care, debilitating injuries and a sense of betrayal often result.

The New Jersey medical malpractice lawyers at Eisbrouch Marsh understand these complicated matters because we have over 25 years of experience in such cases. We know that a financial award can never fully compensate you for all you have lost due to a doctor’s negligence. But we also have seen victims and their families feel vindicated when a jury rules in their favor, finding that their doctor breached the duty of care owed to them. And we have witnessed the real difference made by a monetary award when it comes to paying day-to-day expenses.

That is why we encourage you to contact us if you have been injured by a doctor or other health care provider’s acts or omissions. We offer free, no-obligation consultations to help you understand your legal options and decide what to do next.

Our medical malpractice attorneys work with residents of Northern New Jersey, including Bergen, Hudson, Passaic, Morris, Essex, and Middlesex Counties, as well as those who live in New York City and on Long Island.

Types of medical malpractice

Some of the most common medical malpractice lawsuits that we have brought involve:

  • Doctor Negligence
  • Hospital Negligence
  • Surgical Error
  • Misdiagnosis
  • Failure to Diagnose
  • Nursing Home Abuse or Elder neglect
  • Pharmacy Errors

Errors in diagnosis are the most common and the most costly types of malpractice, according to a recent study in an international medical journal.  The study analyzed over 350,000 paid claims filed with the U.S. National Practitioner Data Bank between 1986 and 2010.  The researchers found that diagnostic errors were the leading type, comprising nearly 29% of all reports filed with the databank.  And diagnosis errors accounted for over 35% of all malpractice payouts.

According to the study, the most frequent outcomes of diagnostic errors were death and permanent injury. Nearly $39 billion in inflation-adjusted dollars were paid to victims over the 25-year period.

New Jersey malpractice law

New Jersey has complicated laws and deadlines that apply to medical malpractice lawsuits. To recover compensation in a medical malpractice case, a victim generally must show that 1) the treatment provided did not meet the standard of care that a reasonably skilled medical professional would have provided under similar circumstances; 2) the substandard care injured the victim; and 3) the losses for which the victim seeks compensation were caused by the substandard care.

By law, a plaintiff must file an “expert affidavit” within 60 days of filing a malpractice lawsuit. This affidavit must be prepared by a doctor who is Board-certified in the same specialty as the defendant, or has experience in performing the procedure that allegedly caused the injury.  The affidavit must state that “there exists a reasonable probability that the care, skill or knowledge exercised or exhibited in the treatment, practice or work that is the subject of the complaint, fell outside acceptable professional or occupational standards or treatment practices.”

This special rule is designed to protect New Jersey health care professionals against frivolous charges.  In practice, the requirement forces medical malpractice victims to obtain an expert’s opinion that malpractice occurred even before the lawsuit is filed and defendants are required to supply all the medical records and testify about what happened.

This kind of rule makes it even more important that families consult expert medical malpractice lawyers like those at Eisbrouch Marsh.

At Eisbrouch Marsh, our legal team includes skilled investigators who gather and review all the necessary records; board-certified physicians in a variety of specialties; and attorneys with expertise in New Jersey malpractice litigation. We serve all of northern NJ, including Essex, Middlesex, Morris, Passaic, Hudson and Bergen County.

We have decades of experience obtaining settlements and court awards for NJ residents and their families who have been victimized by substandard medical care.

Compensation available in malpractice cases

Victims of medical malpractice in New Jersey may recover compensation for a variety of losses, including:

  • Continued medical and psychological treatment
  • Pain and suffering
  • Loss of income and future earning power
  • Partial or permanent disability
  • Emotional distress
  • Medical, therapeutic, and rehabilitative services and equipment 

Recent NJ medical malpractice verdicts & settlements

In 2012, victims of medical malpractice in New Jersey received over $200 million in compensation for their losses.  New York residents were awarded over $760 million during the same period.

A number of medical malpractice lawsuits have been decided recently in New Jersey, including:

  • $10.5 million for delayed diagnosis – A New Jersey man with a family history of skin cancer was awarded $10.5 million for his dermatologist’s failure to detect skin cancer over a three-year period.  The patient was required to undergo several reconstructive surgeries and was left with impaired ability to speak and eat.
  • $3.9 million for unnecessary surgery – A cardiologist advised an administrative assistant to undergo bypass surgery for a blockage that he found after performing a diagnostic cardiac catheterization procedure. She suffered scarring and residual pain in her chest and in her leg, where the vein was removed. After the surgery, a different cardiologist ordered a catheterization which showed that the bypassed arteries were clear.
  • $3.5 million for failure to treat post-surgery infection – A 48-year-old trash collector underwent knee surgery after an injury.  His physician failed to diagnose or treat the resulting staph infection in his knee.  The victim required extensive additional surgery, walks in a full-leg immobilizer, and may require amputation in the future.

Medical malpractice attorneys in New Jersey

At Eisbrouch Marsh, we offer experience and expert advice to those who believe they have been injured due to medical malpractice. We have recovered millions of dollars in jury verdicts and settlements for victims in Bergen County, Hackensack, Paramus, and throughout New Jersey and New York.

We never charge a fee until you receive compensation for your losses. For a free case evaluation to determine your rights for filing a medical malpractice lawsuit, we invite you to call us at 201-342-5545.

  1. NJ Stat. Ann. Chapter 2A:53A-27, “Administration of Civil and Criminal Justice, Affidavit of lack of care in professional, medical malpractice or negligence; requirements” http://law.onecle.com/new-jersey/2a-administration-of-civil-and-criminal-justice/53a-27.html
  2. Becker’s Hospital Review, “Study:  Diagnostic Errors Represent Most Common Costly Malpractice Claims,” April 23, 2013 http://www.beckershospitalreview.com/legal-regulatory-issues/study-diagnostic-errors-represent-most-common-costly-malpractice-claims.html
  3. BMJ Quality & Safety, “25-Year summary of US malpractice claims for diagnostic errors 1986–2010: an analysis from the National Practitioner Data Bank,” April 22, 2013 http://qualitysafety.bmj.com/content/early/2013/03/27/bmjqs-2012-001550.abstract