For more information of confidential assistance
201-342-5545
se habla español

Hospital Negligence

doctors performing surgeryMedical malpractice attorneys representing victims of hospital negligence throughout northern New Jersey, including Hackensack, Paramus, and the rest of Bergen County.

Hospital negligence happens any time less-than-reasonable medical care delivered in a hospital setting—medical malpractice, in other words—results in a patient’s injuries or even death. Every year some 100,000 people die because of medical mistakes, some estimates say. A recent report published in the Journal of Patient Safety puts this number much higher: it found that preventable hospital errors account for some 440,000 deaths each year, making hospital negligence the third leading cause of death in this country.

Hospital negligence in New Jersey

In New Jersey, like elsewhere in the United States, patients admitted to hospitals should be able to trust that there are certain accrediting standards by which hospitals must abide. Administered medications, equipment and staff must meet these standards for hospital care; patients and their family members should be able to expect this compliance.

If you’ve been the victim of hospital negligence, you know what it is like to see your whole world upended instantaneously by a mistake. Your quality of life, your marriage, your job and relationships can take a nosedive, with just one misstep in the process of receiving medical care. There is nothing you can do to rectify your loss: the scope of it can seem overwhelming, because it is. But you can find some measure of justice, and compensation for your losses, thanks to a qualified NJ medical malpractice lawyer, who can help bring the hospital negligence that caused your misfortune to light—for the sake of future patients who may be at risk of encountering similar mistakes.

For more than 25 years, the law firm of Eisbrouch Marsh has been helping patients and their loved ones in New Jersey and the greater New York areas seek and find remuneration for their losses in cases of hospital negligence. Our team of seasoned Bergen County medical malpractice attorneys and experienced medical experts can sift through the details of your case, with a view to giving you reliable legal advice and effective representation.

Hospital negligence doesn’t have to ruin your whole life or the lives of your loved ones. You have recourse.

Some real-life cases of hospital negligence

Here are just a few real-life examples of hospital negligence and its painful and tragic consequences:

  • A Florida woman lost the wrong leg to amputation in an operating room at University Community Hospital in Tampa.
  • Saturday Night Live’s Dana Carvey underwent double bypass surgery only to discover a few months later that the surgeon that bypassed the wrong artery. Carvey went on to win an exorbitant medical malpractice lawsuit.
  • A 17-year-old girl receiving a delicate heart and lung transplant at Duke University Hospital died because of a failure to match her blood with the organ donor’s blood.

The honest truth is this: things can go wrong in just about any facet of hospital care, and sometimes errors just happen; but if and when things go wrong, and you, the patient or the loved one of a patient, find yourself on the other end of a mistake, the more you know about the legal resources available to you, the better off you’ll be.

Examples of hospital negligence that we litigate:

  • Birth injuries, including those that involve forceps, cerebral palsy, and brain damage
  • Anesthesia mistakes
  • Emergency room errors
  • Surgical error
  • Delays in or failure to diagnose a medical condition
  • Negligent testing
  • Medication errors
  • Hospital acquired infection
  • Injury from delayed surgery
  • Improper consent to a medical procedure or surgery
  • Misdiagnosis

Determining liability and compensation in hospital negligence cases

A hospital can be held responsible for negligence in the following situations:

  • A medical employee of the hospital, such as a nurse, technician, paramedic, or in some cases a doctor (if it can be determined that the doctor is in fact an employee of the hospital) errs. In some cases when a hospital employee commits malpractice while under a doctor’s supervision, the doctor (not the hospital, in a case in which the doctor is not an employee of the hospital) may be held liable. Determining whether the employee was under a doctor’s supervision at the time of making the mistake will depend on whether the doctor was present and whether the doctor had the ability to prevent the employee’s negligence.
  • The hospital keeps an incompetent, negligent doctor on staff or employs the doctor responsible for the malpractice.

If you or a loved one has experienced the devastating toll of hospital negligence, then you may be eligible for compensation—but time is of the essence. In New Jersey, a Statute of Limitations requires medical malpractice claims to be filed within two years of the date the cause of action took place.

New Jersey courts have included a “discovery rule” in their rendering of this statute, meaning that a cause of action does not accrue so long as a party is reasonably unaware either that he or she has been injured or that the injury is due to the fault of an identifiable person.

New Jersey hospital negligence lawsuits and settlements

In New Jersey, plaintiffs in hospital negligence lawsuits have received generous settlements anywhere from several hundred thousand dollars to a couple million dollars.

Examples of New Jersey hospital negligence settlements & verdicts include:

  • A $.1.5 million settlement went to a plaintiff who received a second hole in the esophagus from an anesthesiologist who failed to note that the patient already had one from a previous laryngectomy thirty years prior.
  • A $1.5 million settlement was disbursed to the widow of a man who had died because of grave medication errors at a South Jersey hospital.
  • A $500,000 settlement offered some consolation to the family of a student who died when a hospital Code procedure went strong.

How Eisbrouch Marsh can help

At Eisbrouch Marsh, we believe in the power of the law to offer restitution where injustice has occurred. There are fewer things more unjust than losing your health, quality of life and livelihood because of a simple and preventable error on the part of a negligent hospital—especially when you’ve come to that hospital in order to be made well. With this in mind, we will do all we can to insure you receive the compensation you are rightfully due.

Recovery in medical malpractice cases may include:

  • Past, present and future medical care
  • Lost income
  • Reduced earning capacity
  • Out of pocket expenses
  • Diminished quality of life
  • Disfigurement
  • Disability
  • Pain and suffering

If you have been the victim of hospital negligence in Bergen County, Passaic, Hudson, Morris, Middlesex or Essex, call the NJ personal injury attorneys at Eisbrouch Marsh today at 201-342-5545. We’ll give you a free, non-binding consultation, and guide you through all of your options regarding a medical malpractice lawsuit in New Jersey.

  1. The New York Times, “Doctor Who Cut Off Wrong Leg Is Defended By Colleagues,” http://www.nytimes.com/1995/09/17/us/doctor-who-cut-off-wrong-leg-is-defended-by-colleagues.html
  2. USA Today, “Heart surgery no laugh for Dana Carvey,” http://usatoday30.usatoday.com/news/health/spotlight/2001-11-05-carvey-heart.htm
  3. CBS News, “Anatomy of a Mistake,” http://www.cbsnews.com/news/anatomy-of-a-mistake-16-03-2003/