Medical Malpractice

Medical malpractice occurs when a healthcare provider’s negligence leads to injury, worsening of a condition, or even death. In Bergen County, patients trust doctors, nurses, and hospitals with their health and well-being—but when that trust is broken due to a preventable error, the consequences can be devastating. Misdiagnosis, surgical mistakes, medication errors, and failures in emergency care are just a few of the many ways malpractice can occur.

Victims of medical negligence often face significant physical, emotional, and financial burdens. The cost of corrective medical treatment, lost wages, and long-term care can be overwhelming—especially when paired with the trauma of being harmed by someone entrusted to help. That’s why it’s essential to work with experienced medical malpractice lawyers who understand both the medical and legal complexities of these cases.

A skilled Bergen County medical malpractice attorney can thoroughly investigate your case, consult with medical experts, and pursue compensation for your losses. Whether negotiating with insurers or presenting your case in court, the right legal team will fight to hold healthcare providers accountable and ensure that you receive the justice and financial relief you deserve.

In New Jersey, such incidents are comprehensively tracked and periodically reported. The most recent statewide data, from 2021, highlights a significant volume of adverse patient events—ranging from surgical complications to infections—illustrating that even well-regulated hospitals face ongoing safety challenges.

Statewide Statistics and Trends

According to publicly released records, New Jersey hospitals reported thousands of adverse events in 2021, including:

• 684 postoperative pulmonary embolisms
• 451 obstetric traumas involving delivery instruments
• 225 birth-related injuries
• 247 serious postoperative infections leading to sepsis
• 382 postoperative hemorrhages or hematomas
• 93 accidental abdominal punctures and 29 in-hospital falls resulting in hip fractures

These figures underscore that serious medical errors continue to occur across the state.

Specific to Bergen County

While county-specific medical malpractice data isn’t directly published, Bergen County is home to many major healthcare institutions—including Englewood Hospital & Medical Center, Hackensack University Medical Center, and Valley Hospital—that collectively serve a large population. Given the volume of care they provide, it’s reasonable to infer that adverse patient events parallel statewide trends. Indeed, several high-profile malpractice lawsuits (such as those involving delivery errors or surgical mishaps) originate from these facilities, reflecting the broader scale of issue in the county.

Medical malpractice occurs when a doctor, nurse, hospital, or other medical professional deviates from the accepted standard of care, resulting in harm to a patient. These claims can involve surgical errors, misdiagnoses, medication mistakes, delayed treatment, or birth-related injuries.

To file a medical malpractice claim in New Jersey, several key legal requirements must be met. One of the most important is the Affidavit of Merit, which must be filed within 60 days of the defendant’s response. This affidavit must come from a qualified medical expert who certifies that the standard of care was likely breached. Failure to file this document on time can result in your case being dismissed, making early legal consultation critical.

Additionally, New Jersey law imposes a two-year statute of limitations on medical malpractice claims, beginning from the date of the injury—or the date the injury was discovered, in certain cases. Given the complexity of these claims, including the need for expert testimony and medical record analysis, it’s essential to work with a qualified attorney experienced in navigating the Bergen County court system. A skilled malpractice lawyer can help you build a strong case, negotiate with insurers, and fight for the compensation you deserve for medical costs, lost wages, pain and suffering, and future care needs.

In Bergen County, NJ, a medical malpractice claim can be filed by any individual who has suffered harm as a direct result of a healthcare provider’s negligence. This includes patients who experienced physical injuries, worsening health conditions, emotional distress, or financial losses due to substandard medical treatment. The key is that the harm must be directly tied to a deviation from the accepted standard of care by a licensed medical professional, such as a doctor, nurse, surgeon, anesthesiologist, or hospital staff.

In cases where the victim has died as a result of medical negligence, the claim may be filed by the executor or administrator of the deceased’s estate. This is typically a close relative, such as a spouse, adult child, or parent, acting on behalf of the estate and surviving family members. These wrongful death medical malpractice claims can seek damages for funeral expenses, medical costs incurred before death, loss of financial support, and loss of companionship.

To pursue a valid medical malpractice lawsuit, the claimant must also meet New Jersey’s legal requirements, including the submission of an Affidavit of Merit—a sworn statement from a qualified medical expert supporting the claim. Given the complex nature of these cases, consulting a skilled medical malpractice attorney is highly recommended to ensure the claim is properly filed, supported by evidence, and within the two-year statute of limitations.

To qualify legally as medical malpractice, the case must involve a breach of the accepted standard of care—meaning the healthcare provider failed to act as a reasonably competent provider would have under similar circumstances. This breach must directly cause injury, illness, or worsening of a patient’s condition.

Common examples of medical malpractice include:

• Misdiagnosis or delayed diagnosis, which prevents timely treatment and worsens outcomes.
• Surgical errors, such as operating on the wrong body part or leaving surgical instruments inside a patient.
• Medication mistakes, including prescribing the wrong drug or dosage.
• Anesthesia errors, which can lead to brain damage, coma, or death.
• Birth injuries, where errors during labor or delivery harm the newborn or mother.
• Failure to obtain informed consent, when patients are not properly informed of the risks before a procedure.

In each case, the patient—or their estate—must prove that the harm would not have occurred if the healthcare provider had met the appropriate standard of care. New Jersey law also requires that a valid claim be supported by an Affidavit of Merit from a qualified medical expert, and filed within a two-year statute of limitations.

Victims of medical malpractice in Bergen County, NJ may be entitled to recover a range of damages if they can prove that a healthcare provider’s negligence directly caused their injury or worsened condition. The purpose of these damages is to compensate the injured party for their losses—both economic and non-economic—and to restore them as much as possible to the position they were in before the malpractice occurred.

Types of Recoverable Damages Include:

1. Economic Damages:

These are financial losses that can be documented and calculated:

• Medical expenses: Costs for surgeries, hospital stays, medications, rehabilitation, and ongoing care
• Future medical costs: Anticipated future treatments or therapies related to the injury
• Lost income: Wages lost due to missed work, including time off for treatment and recovery
• Loss of earning capacity: If the injury prevents the victim from returning to their previous job or career

2. Non-Economic Damages:

These compensate for personal and emotional losses:

• Pain and suffering: Physical pain and emotional distress caused by the malpractice
• Loss of enjoyment of life: The inability to participate in activities once enjoyed
• Disfigurement or disability: Permanent physical changes or limitations
• Loss of consortium: Loss of companionship, affection, or support experienced by a spouse

3. Punitive Damages (Rare):

Punitive damages are not typically awarded in medical malpractice cases unless the conduct was particularly egregious, such as intentional harm or gross negligence.

Caps on Damages:

Unlike some states, New Jersey does not place a cap on compensatory damages in medical malpractice cases. However, punitive damages are capped at $350,000 or five times the compensatory damages, whichever is greater.

Recovering these damages requires strong evidence, expert testimony, and compliance with procedural rules, such as filing an Affidavit of Merit and adhering to the two-year statute of limitations.

Building a strong medical malpractice case in Bergen County requires careful and strategic evidence gathering to prove that a healthcare provider’s negligence directly caused your harm. Since medical malpractice cases rely heavily on expert testimony and detailed records, the quality and completeness of your evidence can significantly influence the outcome.

Step 1: Obtain Your Complete Medical Records

The most critical piece of evidence in any malpractice claim is your medical records. These documents provide a timeline of your diagnosis, treatment, and follow-up care. Request records from every facility or provider involved—including hospitals, specialists, and primary care doctors. Under New Jersey law, you are entitled to these records and providers must comply with your request in a timely manner.

Step 2: Document Your Experience

Keep a detailed personal journal of your symptoms, treatments, side effects, emotional distress, and how the malpractice has impacted your daily life. Include:

• Dates of appointments or incidents
• Names of providers
• Prescriptions or procedures administered
• Physical limitations or missed work

This helps your attorney paint a fuller picture of the damages you’ve suffered.

Step 3: Preserve Bills and Related Expenses

Keep copies of all medical bills, insurance statements, and receipts related to your treatment. These will be essential in calculating economic damages. If you’ve missed work or changed employment due to injury, collect documentation of lost wages or reduced earning potential.

Step 4: Secure an Expert Opinion

New Jersey law requires you to file an Affidavit of Merit from a licensed medical expert within 60 days of the defendant’s response. This affidavit must confirm that your healthcare provider likely deviated from accepted medical standards. Your attorney will usually handle this, but it’s important to choose a law firm that has access to trusted experts.

Step 5: Identify Witnesses

If any medical staff, family members, or caregivers observed your treatment or condition, provide their names and contact information. Their observations can support your claim, especially in cases involving miscommunication or neglect.

Step 6: Work With an Experienced Medical Malpractice Attorney in Bergen County NJ

A professional attorney based in NJ will know how to subpoena records, consult with qualified medical experts, and prepare your claim under the strict timelines and rules that apply in New Jersey. They’ll also be familiar with the Bergen County court system and the legal landscape for local malpractice claims.

Every medical malpractice case is unique, and so are the costs associated with pursuing a claim. The overall expense depends on the complexity of the case, the type of medical error involved, and the time and resources required to build a strong legal argument. That’s why it’s important to speak directly with a law firm that understands the process and can clearly explain what to expect.

At Sammarro & Zalarick, P.A., we make it a priority to ensure that potential clients are informed and comfortable before making any decisions. We’ll walk you through how medical malpractice cases are typically handled, including how fees are structured, so you understand the process from day one.

We invite you to schedule a free consultation with our office in Garfield NJ, to discuss your case, learn more about your legal options, and get answers to any financial questions you may have.