Medical Malpractice Lawyer in Monmouth County, NJ

Proven Trial Attorneys Advocating for Medical Malpractice Victims in Shrewsbury

When a healthcare provider's negligence causes serious harm, you need a legal team with the credentials and courtroom experience to hold them accountable. At The Cassidy Law Firm, our Monmouth County medical malpractice attorneys represent patients and families throughout Shrewsbury and the surrounding communities who have been injured by substandard medical care. The New Jersey statute of limitations on medical malpractice cases is two years, making it important to speak with an attorney as soon as you suspect something went wrong. We offer free consultations and bring decades of trial experience to every case we handle.

Why Choose The Cassidy Law Firm?

Medical malpractice claims require a firm that understands both the medicine and the law. The Cassidy Law Firm stands apart from other Monmouth County firms in several ways:

• Founded by Harold J. Cassidy, a Certified Civil Trial Attorney designated by the New Jersey Supreme Court with 47+ years of litigation experience

• Named among the Top 100 National Trial Lawyers and Top 100 Lawyers in North America

• Three attorneys recognized on Super Lawyers or Rising Stars lists

• A track record of handling complex litigation, including landmark cases that have shaped American law

• Free consultations and personalized attention for every client

Our firm's commitment to Monmouth County clients means you receive direct access to experienced trial attorneys who know how to build and present compelling malpractice cases.

What Qualifies as Medical Malpractice in New Jersey?

Not every bad medical outcome is malpractice. In order to prevail on a claim for medical malpractice, a patient must generally prove:

• That the medical provider's care fell below the appropriate standard of care

• The patient suffered a new or worsening condition

• The medical professional's conduct is a substantial factor in causing the injury

In other words, you must show that a competent provider in the same specialty would have acted differently under similar circumstances, and that the failure directly harmed you.

Treatment providers are also required to obtain a patient's informed consent for all medical procedures. If a patient is not told about the potential risks and complications involved with a procedure, they may have a valid claim for medical negligence. Our attorneys evaluate every aspect of your care, from initial diagnosis through treatment, to determine whether a viable claim exists.

What Types of Medical Malpractice Cases Do You Handle?

Medical errors can occur in virtually any healthcare setting. Our Shrewsbury attorneys handle cases involving a wide range of provider negligence, including:

• Misdiagnosis or failure to diagnose conditions like cancer, stroke, or heart attack

• Surgical errors, including wrong-site surgery and instruments left inside patients

• Birth injuries resulting in cerebral palsy, Erb's palsy, or brain damage

• Medication and prescription errors

• Anesthesia mistakes

• Emergency room errors and delayed treatment

• Nursing home abuse and neglect

Numerous situations lead to medical malpractice cases, and they can involve a treating doctor, a member of the medical and nursing staff at a hospital, or any other health care provider. If you are unsure whether your situation qualifies, contact our firm for a free case review.

What Compensation Can You Recover in a Monmouth County Malpractice Case?

New Jersey law allows injured patients to pursue several categories of damages in a successful malpractice claim. These generally fall into three types:

• Economic damages: Medical bills (past and future), lost wages, reduced earning capacity, rehabilitation costs, and other out-of-pocket expenses

• Non-economic damages: Physical pain, emotional distress, loss of enjoyment of life, and loss of consortium

• Punitive damages: Awarded in rare cases involving extreme recklessness or intentional misconduct

There is no cap on compensatory damages in New Jersey medical malpractice cases, meaning the law does not limit the amount a victim can receive for their injuries.

However, there is a cap on punitive damages. The court can award up to $350,000 or five times the amount of compensatory damages, whichever amount is greater.

How Long Do You Have to File a Malpractice Claim in New Jersey?

The statute of limitations for medical malpractice in New Jersey is two years from the date of discovery of the medical malpractice. This deadline is not always straightforward, because New Jersey courts apply the "discovery rule." In cases where injuries are not immediately obvious, the clock on the two-year limit starts ticking from the date that the injury was discovered, not the date that the malpractice occurred.

There are important exceptions to be aware of:

• Minors: For minors, the statute generally tolls until age 18, then runs 2 years from discovery, unless injured at birth.

• Birth injuries: If a child suffers a birth injury, the statute of limitations is extended to the child's 13th birthday.

• Public entities: Many hospitals, nursing homes, and long-term care facilities may be public entities and require a claimant to file a Tort Claims Notice within 90 days, or the claim may be permanently barred.

Missing these deadlines can eliminate your right to compensation entirely. Speaking with an attorney at The Cassidy Law Firm early in the process helps protect your claim.

What Does the Legal Process Look Like?

Filing a medical malpractice lawsuit in New Jersey involves several steps that set these cases apart from other personal injury claims. Understanding the process helps you know what to expect and why experienced legal representation matters.

Within 60 days following the date of filing of the answer to the complaint by the defendant, the plaintiff must provide each defendant with an affidavit of an appropriate licensed person confirming there is a reasonable probability that the care provided fell outside accepted professional standards. New Jersey's Patients First Act imposed additional requirements, mandating an expert witness board-certified in the same specialty or subspecialty as the defendant (if board-certified), with majority recent time in that practice. Failure to meet these requirements can result in dismissal of your case.

Here is what you can generally expect during the process:

1. Free consultation and case review to evaluate the facts and identify potential negligence

2. Medical records collection and expert analysis to determine whether the standard of care was breached

3. Filing of the complaint in New Jersey Superior Court and service of the Affidavit of Merit

4. Discovery phase including depositions, document exchanges, and expert reports

5. Negotiation and settlement discussions with the provider's malpractice insurer

6. Trial, if a fair settlement cannot be reached

Our attorneys handle each of these stages, consulting medical experts, gathering evidence, and building a compelling case to pursue the full compensation you deserve.

Speak with a Monmouth County Medical Malpractice Attorney Today

If you or a loved one has been harmed by medical negligence, The Cassidy Law Firm is ready to help. With a Certified Civil Trial Attorney leading the firm and decades of proven courtroom experience, we fight for the compensation Monmouth County families need to move forward. Contact our office to receive a free consultation today.

How much does it cost to hire a medical malpractice attorney?

Most medical malpractice attorneys, including our firm, work on a contingency fee basis. This means you pay no upfront legal fees and owe nothing unless we recover compensation on your behalf. This arrangement allows patients to pursue claims regardless of their financial situation.

Can I still sue if I signed a consent form before a procedure?

A signed consent form acknowledges the known risks of a procedure. A consent form is an acknowledgment of the known and disclosed risks, not a waiver of your right to competent care. It does not give a doctor permission to be negligent. If the care fell below accepted medical standards, signing a form does not prevent you from having a case.

What if the malpractice involved a government or public hospital?

Claims against public entities in New Jersey fall under the Tort Claims Act, which imposes much shorter deadlines. You must file your claim within 90 days from the date of occurrence, incident, accident, date of discovery, or accrual date, so as not to forfeit your rights. If you believe a public hospital or government-affiliated provider was involved, contact an attorney immediately to preserve your claim.