New Jersey Medical Negligence Lawyers

In September 2013, a study published in The Journal Of Patient Safety estimated that between 210,000 and 440,000 patients each year that go to the hospital for care suffer some type of preventable harm that contributes to their death.  According to those statistics, hospital medical negligence is the third leading cause of death in the United States, behind only heart disease and cancer.

Medical negligence law is designed to protect a patient’s right to safe medical care by permitting recovery of monetary compensation for harm caused as a result of sub-standard medical care. Medical negligence cases require intensive case evaluation to determine whether a patient’s claim has merit.

Under New Jersey law, a patient who wants to sue a medical professional or licensed facility must provide an Affidavit that a case has merit from a like-licensed professional in order to avoid dismissal of the claim.  When you come to our office to discuss a potential case, you will meet with Tom Shebell and Christian Mastondrea.

If our investigation shows that there is a legitimate basis to proceed with a claim, we will then obtain your medical records and any medical scans.  In the event we conclude that there is probable merit to your case, we will refer your records for evaluation by the appropriate medical expert to determine whether your medical professional’s care fell below accepted standards in that professional’s field.

If we receive a medical expert’s sworn conclusion, called an Affidavit of Merit, that shows that you or a loved one suffered harm through medical neglect, we will proceed with a case that thoughtfully advocates the patient’s position to the defendant’s insurance company, and many times, to a jury.

Understanding Medical Negligence

Health care professionals are obligated to meet or exceed the applicable “standard of care.” The standard of care is generally defined as the level of competence that a physician or other license health care professional of average skill and ability practicing in the same specialty field would use when caring for a patient. When a treatment provider deviates, or falls below the standard of care by providing inadequate treatment, a misdiagnosis, or makes an inappropriate medical decision or surgical error, a patient can suffer from long-term health problems or death.

In order to prevail on a claim for medical malpractice, a patient must generally prove:

  • The medical provider’s care fell below the appropriate standard of care
  • The patient suffered a new, different, or worsening of his condition or injury
  • The medical professional’s conduct is a substantial factor in causing or contributing to the injury or condition

In addition, treatment providers are 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 certain procedure, enough so that the patient can make an informed and educated decision, a patient may have a valid claim for medical negligence or battery.  This policy is critical to patient’s rights so that the patient fully understands knows of the risks, so that the can make an informed decision to undergo the procedure in the first place.

Although doctors and political lobbyists acting on their behalf routinely repeat the myth that medical malpractice insurance premiums are forcing doctors on a mass exodus out of New Jersey, the reality is that the total cost of medical errors, including additional care, prescription drug services, and disability payments is as high as $1 Trillion annually in the U.S.

Why You Need a Medical Negligence Lawyer

Unfortunately, medical providers often do not disclose medical errors or neglect that have injured you.  If you suffer adverse consequences while undergoing medical treatment, your doctors might tell you that they did their best, or that your injury was a “complication of the procedure”, or was “unavoidable”.  Although complications may occur that are inherent in a particular surgical procedure, you should get an opinion from a lawyer who is experienced in this area of law and who can advise you of your legal options.

Some frequently seen examples of medical negligence include injury as a result of:

  • Medication errors
  • Unsterile hospital conditions, resulting in infections
  • Incorrect dosage of medication
  • Improperly administered care
  • Negligent nursing treatment
  • Inadequate staffing
  • Equipment failure
  • Failure to properly monitor vital signs
  • Delay in diagnosis and or treatment
  • Incorrect or misdiagnosis
  • Operating room errors
  • Emergency room (E.R.) errors
  • Obstetrical & Gynecological (OB-GYN) errors
  • Medical testing or radiology errors

The medical negligence lawyers at Shebell & Shebell have years of collective experience in successfully representing patients injured from medical neglect.  To learn more, call us at 866-957-5237 or contact us online today.

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What Are People Saying About Our Attorneys?

Fantastic

Thomas Shebell was an A M A Z I N G attorney for our personal injury case. He made himself available to all our questions and concerns during the whole process. We were very nervous about it all and he set our fears to rest. You instantly believe in him after your first meeting. He was serious yet empathetic, had superb legal knowledge, and great judgement. His staff is also top notch. Words cannot describe how wonderful a lawyer we believe Thomas Shebell to be and would highly recommend him.
Posted by Michele on December 8

My hero, my attorney who is always there for me!

Tom Shebell has represented me and my family members in several cases. Tom is the most prepared lawyer I have ever seen, and demands respect in and outside of the court room. His staff is amazing and never makes you feel as if you are bothering them. I always feel that I am his most important client, and he always takes my call. If he is busy, I am reassured that he will get right back to me and he does. His knowledge of the law and research on your case is impecable, and will never give up until he gets the results that he feels are the best for you. Although he is the most professional attorney I have ever worked with, he refers you call him Tom (not Mr. Shebell), and I am most comfortable calling him Tommy. His cell phone is on his answering service, to comfort you and assuring you that you can reach him if necessary, no matter what. I will never retain another lawyer, unless it is a case that he cannot handle. That has never happened to me. Unfortunately, Tommy is handling a very emotional case for my family, and whenever we discuss it our meet together he is very comforting to us. For a family man, and extremely busy attorney to handle matters like this, it truly takes a special type of person, and extraordiinary human being. If anyone take my advise, Tom Shebell, III is the only attorney that should be called first, and believe me you will not make another call. As I said in my title, he is my true "hero"!
Posted by Sandi on September 17

I am Grateful I was able to have Thomas Shebell for my Lawyer

Thomas Shebell and his staff were very good to work with. They were always professional, but also very down to earth and real. I always felt that my best interest was their main concern. I was always able to call with questions and concerns and was never made to wait or to feel like I was inconveniencing anyone. I always felt that they knew instantly who I was and what was going on with my case. In the end, Thomas was able to get the best possible settlement for me. I am very grateful to have been treated like my case truly mattered to them.
Posted by Toni on March 28

Ferocious Fighter

Tom Shebell and his firm came highly recommended by several reputable people in the community. I come from a family deeply rooted in law enforcement, so I greatly appreciate that Tom grew up with the law as well, hailing from a family of highly respected attorneys. He easily grasped the complexity of my case and eased my concerns, while ferociously fighting for me. One of the moments that stands out to me the most was when I voiced a concern over possible retaliation and he said, "they're going to have come through me first." I wholeheartedly believed him then and now. There is no one else I'd want in my corner than Tom Shebell.
Posted by on February 23

A League Of His Own

Mere words cannot express my gratitude to Thomas F Shebell III. He took on a case, that other attorneys would shy away from and fought vehemently for my husband, myself and our daughter. His tenacity is only surpassed by his kindness and compassion for his clients well-being. I would recommend Mr. Shebell III to anyone who may need an attorney to guide them through a difficult time and see them through to a successful end. Many thanks again to him and his staff!!