NJ Medical Malpractice Lawyers - Shebell & Shebell, LLC

MENU

- 655 Shrewsbury Ave. Suite 314 Shrewsbury, NJ 07702 -

What are some examples of medical malpractice?

MEDICAL MAL ATTORNEYS

Get Directions
Christian R. Mastondrea

MEDICAL MALPRACTICE

Medical Malpractice

Monmouth County Medical Malpractice Attorneys

Our Medical Negligence Attorneys

What are some examples of medical malpractice?

New Jersey Medical Malpractice Lawyers

Medical Malpractice Attorneys in Monmouth County

​

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. If you need an effective medical malpractice law firm to help you through tough times, contact Shebell & Shebell.

​

Some frequently seen examples of medical negligence we handle include:

​

​

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 licensed 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 they 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 malpractice attorney

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.

​

Contact our medical malpractice attorneys

The medical negligence lawyers at Shebell & Shebell have years of collective experience in successfully representing 

patients injured from medical neglect. To learn more, Contact us today.

MEDICAL MALPRACTICE

Monmouth County Medical Malpractice Attorneys 

​

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. If you need an effective medical malpractice law firm to help you through tough times, contact Shebell & Shebell.

​

Some frequently seen examples of medical negligence we handle include:

​

  • Anesthesia errors
  • Birth injuries
  • Unsterile hospital conditions, resulting in infections
  • Incorrect dosage of medication
  • Improperly administered care
  • Negligent nursing treatment
  • Inadequate staffing
  • Dental malpractice
  • 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
  • Wrongful death

​

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 licensed 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 careThe patient suffered a new, different, or worsening of his condition or injuryThe 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 they 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 malpractice attorney

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.

​

Contact our medical malpractice attorneys

The medical negligence lawyers at Shebell & Shebell have years of collective experience in successfully representing patients injured from medical neglect.

​

DELAYED OR MISSED CANCER DIAGNOSIS

​

In the battle against cancer, early detection and treatment is key to a successful recovery. Patients have the right to expect that their medical doctor will properly diagnose the signs and symptoms of their condition at the first possible time. Unfortunately, this doesn’t always happen. Perhaps your doctor didn’t ask the right questions, ignored your complaints, 

didn’t order the appropriate diagnostic or laboratory tests, or did not read the results 

of MRI, CT, or PET scans. If so, then your treating doctor, referring doctor, radiologist, or lab facility may have committed medical negligence.

​

A delayed or missed diagnosis of cancer 

can lead to the spread of cancer to other areas of your body. This can result in the need for more aggressive and invasive treatments, such as radiation and chemotherapy, surgery, or death, which could have been avoided had a timely diagnosis been made. Survival rates are often diminished for victims of delayed or missed diagnosis of cancer. 

​

Has malpractice hindered your fight against cancer? We can help you fight back.

The delayed diagnosis lawyers at Shebell & Shebell are some of the most experienced in New Jersey. We know that proving your case depends on us determining the cause of your delayed diagnosis. We have decades of collective experience in conducting investigations and working with medical experts to uncover the truth. We are motivated by a genuine desire to make a difference in our clients’ lives and recover the full amount of compensation they deserve.

​

Delayed diagnosis: the facts

It is estimated that approximately 40,000 cancer patients die every year as a result of delayed or missed diagnosis of cancer. 

This figure is even more frightening when you consider that most cases of delayed diagnosis are never discovered and go unreported.

​

Certain types of cancer are particularly susceptible to going undetected.  

These include:

​

• Breast cancer

• Colon cancer

• Lung cancer

• Prostate cancer

• Cervical cancer

• Ovarian cancer

​

Errors that result in a delayed diagnosis

Doctors go through years of medical school to learn how to properly diagnose common diseases like cancer. They receive extensive training in recognizing signs and symptoms of cancer, and the appropriate tests to perform to confirm suspicions. Today, with so many highly-sophisticated tools at their disposal, such as mammograms, MRI’s, PET scans, CT scans, blood tests, and biopsies, doctors have a greater opportunity to diagnose a patient’s cancer at a time when treatment options will provide a greater chance of survival.

​

Sometimes, a doctor will have taken all the appropriate steps towards making a timely diagnosis, but the lab or radiologist made an error. If something went wrong in the lab or radiology center, the specialists working there may be responsible. At Shebell & Shebell, we will do our best to determine who may have contributed to the cause of your delayed or misdiagnosis.

​

Some other mistakes that can lead to a delayed diagnosis include:

​

• Failure to attach appropriate significance to a patient’s complaints or signs of cancer

• Misreading or not reading test results

• Failure to order the appropriate tests

• Failure to routinely examine at-risk patients

• Mistaking a malignant tumor as benign

• Mistaking a tumor for a cyst

• Failure to refer a patient to the right type of specialist

• Failure to examine and biopsy suspicious skin growths

• Failure to order a mammogram when medically appropriate

• A radiologist’s misreading or misinterpretation of imaging

• Misinterpretation of tissue samples

• Failure to test or elevated prostate specific antigen (PSA)

​

​

EMERGENCY 

ROOM ERRORS

​

Overcrowded and understaffed emergency rooms are creating a hectic environment where it is easy for fatigued professionals to make mistakes. These factors account for the relatively high incidence of emergency room negligence. Despite the high ratio of patients to staff, emergency room doctors and nurses still have a duty of care to every patient that they treat.

​

Strong advocates for victims of emergency room errors

If you or a loved one has been injured by the negligence of emergency room professionals, you may be entitled to compensation. At Shebell & Shebell, we have been successfully representing injured clients since 1927. We will closely review the facts of your case to determine whether negligence was the cause of your injury. If so, we will work tirelessly to maximize your settlement. 

​

“The Golden Hour”

In an emergency room, mere seconds can mean the difference between life and death. Professionals refer to the first hour after a traumatic event as “the golden hour.” According to the literature, if appropriate treatment is received during this hour, the likelihood of a successful recovery is greatly enhanced. When treatment is delayed, the likelihood that it will be effective decreases. In short, the sooner a patient receives treatment, the better their prognosis is. For these reasons, undue delays in emergency room treatment may constitute malpractice.

​

Patient Dumping

“Patient dumping” refers to an unethical and illegal practice where hospitals discriminate against patients who cannot prove their ability to pay. When a capable hospital transfers a patient in need of care to another facility or completely turns them away, this is a form of medical malpractice. Even if you never received treatment, you may still have a claim for malpractice if a hospital failed to treat you, resulting in a worsening of your condition.

​

Common emergency room errors

Some common types of emergency room malpractice include:

​

Misdiagnosis: when doctors and nurses fail to assess a patient’s symptoms and vital signs, this can lead to serious complications. Appendicitis, stroke, ectopic pregnancy, aneurysm and myocardial infarction (heart attack) are among the most commonly missed diagnoses in emergency rooms.

Medication errors: when doctors and nurses fail to get a patient’s full medical history, this can lead to the administration 

of contraindicated drugs, causing an adverse reaction.

Testing errors: doctors may fail to order the appropriate tests, or fail to interpret test and lab results correctly (including x-rays). This may lead to misdiagnosis or the administration of improper or unnecessary treatment

Falls: patients left unattended in a busy emergency room are susceptible to falls, particularly elderly patients or those who are disoriented due to their injury.

Delayed treatment: delayed treatment due to busy conditions can have devastating consequences, particularly for patients suffering from a stroke, heart attack, or asthma attack.

Responsible Parties: Depending on your situation, there may be multiple parties responsible for your injury. The lawyers at Shebell & Shebell are experienced in reviewing medical records to determine which party or parties are responsible for your injury, including:

​

• Physicians

• Nurses

• Anesthesiologists

• The hospital

• Medical equipment manufacturers

• Pharmaceutical companies

• Government entities

• Other emergency room staff

​

​

MEDICATION ERRORS

​

Preventable medication errors harm an estimated 7 million patients a year. Medication errors occur at multiple care levels, including prescribing errors, pharmacy dispensing, hospital pharmacy errors, and outpatient follow-up. About 30% of hospitalized patients have at least one discrepancy on discharge medication reconciliation.

​

High prescription volume pharmacies have developed ways to increase speed, and have often removed direct pharmacist-patient interaction and counseling. Pharmacists are the last line of defense in medication safety, and patients must come first.

​

At Shebell & Shebell, we have successfully represented several patients who have been severely harmed through preventable neglect when prescribing and dispensing medications. We have learned that many preventable errors result from a breakdown in communication between care providers, a failure to reconcile look-alike, sound-alike medications, or a simple misreading of drug dosages. If you have been harmed by a preventable medication error, call us now to see how we can help.

​

​

ANESTHESIA ERRORS

​

An anesthesiologist is a physician who has been trained to administer anesthesia and to monitor a patient’s vital signs during surgery and in the post-anesthesia care unit (PACU).  The anesthesiologist plays a critical role in every surgical procedure, and patients and attending surgeons must place a great deal of trust in their abilities. When an anesthesiologist’s care falls below the accepted standard of care, patients can suffer from serious, ongoing health conditions, or death.

​

If you are the victim of an anesthesia error, the anethesiologist’s insurance carrier will seek to minimize any liability for the harm caused. The medical negligence lawyers at Shebell & Shebell work with highly qualified anesthesiology experts to prepare compelling cases for our clients. If you or a loved one believes that they have been injured as a result of anesthesia error, speak 

to one of our lawyers about investigating the cause and origin of any possible anesthesia error. 

​

Causes of Anesthesia Error

All medical procedures involve certain risks, and anesthesia is no exception. Some risks cannot be completely eliminated. However, what medical professionals try to excuse as a “complication” or unavoidable consequence, are often the result of medical negligence. Anesthesiology is a demanding area of medical practice that requires precise attention to detail, immediate response to adverse and changing vital signs, and close patient follow up immediately following surgery.

​

Some of the more common types of anesthesia errors include:

​

• Anesthesia dosage error: this can happen when an anesthetic is improperly labeled, the amount or dose is improperly administered, or a provider does not carefully review a patient’s chart for allergic reactions.

• Delayed delivery: equipment problems such as vaporizer leakage, or accidents during syringe-swapping can cause this type of error.

• Intubation injury: during surgery, patients are often intubated to facilitate breathing, and errors in the size of tubing, removal and position of tubing can occur. 

If a patient is not properly intubated or extubated, they may suffer from significant damage to vocal cords or brain damage.

• Failure to properly monitor a patient: anesthesiologists are responsible for monitoring a patient’s vital signs before, during, and  after administration of medications during surgery and in the PACU. Negligence can result in a patient having an adverse reaction during the procedure, or suffering other injuries, such as brain damage or death, after surgery.

• Leaving a patient unattended: this can result in accidents such as a patient rolling off an operating table.

• Dangerously prolonged sedation or overdose of narcotic medications: An anesthesiologist or nurse anesthetist or PACU nurse may not monitor a patient 

as closely as necessary following the administration of potentially life-threatening narcotics, causing a significant impairment on a patient’s breathing, blood pressure, or heart.

• Defective equipment 

​

Common Injuries Caused By Anesthesia Error

Risks of anesthesia are often greater in elderly patients and those who have underlying medical problems, such as sleep apnea. Any patient is vulnerable to suffering these types of injuries if their anesthesiologist is negligent, including:

​

• Anesthesia awareness (waking up during surgery): if a patient is not administered a sufficient dose of anesthetic, they may be paralyzed and unable to speak, but still be aware of what is happening and possibly even feel the pain of the surgery. This can be traumatic, causing a patient to develop post-traumatic stress disorder (PTSD), anxiety disorders, and sleep problems.

​

• Overdose

• Allergic reaction

• Lung infection

• Heart attack

• Stroke

• Death

​

​

BIRTH INJURIES

​

You can trust the experienced lawyers at Shebell & Shebell with your most sensitive case. Some of the most challenging cases lawyers face involve what should be the most enjoyable moment in a parents’ life. The injury to or death of a newborn has a profound impact on the baby, parents, families, and the community at large. Our goal is to help relieve families of some of the emotional and financial burdens of their child’s care. Cases involving obstetrical negligence may be complex, and the outcome can have a lifelong impact on your family. Our firm is committed to our clients’ futures, fighting for fair and complete compensation. We handle a wide range of birth injury cases, including but not limited to:

​

Drug-related birth injuries

• Forceps and vacuum extraction birth injuries

• Brain injuries

• Nerve damage

• Labor & delivery birth injuries

​

A birth injury is simply defined as a trauma suffered by a newborn during childbirth. Birth injuries can occur before, during, or after delivery. If you believe that your child’s birth injury was caused by the malpractice of a treatment provider, you should contact one of our experienced medical negligence lawyers to investigate your legal rights. Contact Shebell & Shebell.

​

Causes of birth injuries?

Birth injuries can occur in many ways. In some instances, such as when a child is presenting in a breech (head up) or transverse (body lying sideways) position, it is not medically advisable to deliver the baby through the birth canal. Similarly, physicians are trained to estimate a child’s size and weight prior to delivery. If a child is large, typically over ten pounds, or an expectant mother’s pelvic region is very small, it may be safer for a woman to have a cesarean section (C-section) procedure to deliver the baby. If treatment providers do not recognize the need for a C-section, the child can be severely injured. Oxygen to the child’s brain may be cut off. Additionally, the use of instruments such as forceps or a vacuum extractor may result in brain injury and other injuries to the child. During labor, the child’s health must be constantly monitored. Problems can arise if the monitor is not properly attached to the baby, does not work properly, or if the doctor or nursing staff fails to recognize signs of fetal distress.

​

Birth injury may occur long before the actual day of delivery. If a mother is prescribed an improper dosage of medication or medication not appropriate for pregnant women, her unborn child could face serious issues. Similarly, if a doctor fails to diagnose conditions during pregnancy, such as preeclampsia, gestational diabetes, or maternal infections, like toxoplasmosis, the baby can suffer injury. Finally, certain genetic defects can be diagnosed and repaired in utero. If a physician fails to diagnose and treat these conditions, this may constitute medical negligence.

​

Other common causes of birth injury include:

​

• Excessive use of the labor-inducing drug 

   Pitocin

• Failure to treat jaundice

• Epidural or other medication errors

• Twisted or damaged umbilical cord

• Complications with a vaginal birth after 

   a C-section

• Uterine rupture

​

Hospital nursing staff and doctors are sometimes overwhelmed and rushed while in the delivery room, leading to a relaxation or breakdown of safety protocol. When the end result is a serious injury to a baby, it may be time to consider legal action.

​

Wrongful death of a child

In addition to helping families obtain money damages and compensation for preventable medical errors, our lawyers also have experience in bringing wrongful death lawsuits on behalf of parents whose children died during childbirth as a result of malpractice. Although no amount of compensation can restore what you have lost, a successful lawsuit can send a message to the medical community that they must abide by a standard of care that our community expects.

​

​

WRONGFUL DEATH

​

New Jersey law defines wrongful death as a fatality caused by someone’s negligent, reckless or deliberate actions. If your loved one was killed in an accident that was caused by another person’s negligent behavior, you may be able to recover money damages by pursuing a wrongful death claim. You have a right to know who caused your loved one’s death and hold them accountable. Although no amount of money can replace what you have lost, recovering financial compensation can help relieve some of the burdens of your family’s situation. Without the testimony of the decedent, it can be difficult to find out the cause of the accident and pinpoint who was responsible. The experienced New Jersey wrongful death lawyers at Shebell & Shebell know how to obtain this evidence, uncover the truth, and get the compensation your family deserves. Contact Shebell & Shebell for a consultation today.

​

Causes of wrongful death

Although any type of accident can give rise to a wrongful death suit in New Jersey, common situations include:

​

• Car accidents

• Trucking accidents

• Motorcycle accidents

• Medical malpractice, including surgical  

  errors, failure to diagnose cancer, and over- 

  prescribing prescription drugs

• Workplace accidents

• Fall injuries

• Dog and animal attacks

• Dangerously defective products, including 

  medications

• Abuse and assault at private or commercial 

  properties, including bars, nursing homes,  

  and schools, where there was a lack of  

  security to prevent  violent crime

• Police misconduct

• Occupational exposure to asbestos or other  

  dangerous contaminants

​

Who can pursue a wrongful death claim?

Any family member of the decedent can pursue a wrongful death claim. However, it can be difficult to determine which relatives should be involved in the case. The law governing who may file a claim can be complicated. The knowledgeable attorneys at Shebell & Shebell offer free consultations and can help you determine who among your relatives has standing to pursue a claim. In general, the right to pursue a claim follows a preferential hierarchy, in the following order:

​

• Surviving spouse, children, and offspring 

  of deceased children

• Parents

• Siblings

• Grandparents

​

Compensation and justice

After an unexpected death, your family may be too grief-stricken to contemplate hiring an attorney to secure monetary compensation for your loss. However, medical, funeral, and other costs related to the death quickly add up. The hardship is increased if your family has lost a wage-earner.

​

In addition to helping you recover financial compensation, an experienced New Jersey wrongful death lawyer can help you expose the negligent party’s oversight and prevent them from harming other individuals in the future. The responsible party should face the consequences of their irresponsible actions. The tenacious lawyers at Shebell & Shebell will undertake a thorough investigation and get answers.

​

Some of the monetary damages that you can recover in a wrongful death suit include:

​

• Lost wages and benefits (past and future)

• Compensation for any future household  

  services that your lost family member  

  would have contributed

• Medical and hospital bills

• Funeral and burial expenses

• Punitive damages when it can be shown 

  that the defendant’s conduct was  

  intentional, malicious, or reckless

• Loss of affection, companionship, and  

  consortium of your loved one

• Pain and suffering

​

​

DENTAL MALPRACTICE

​

When a dentist makes an error that another dentist would not have made in the same situation, he or she may be liable for dental negligence. If a dental error has caused you to suffer more than just short-term pain and discomfort, you may be able to recover 

money damages to compensate you for your injury.

​

In some cases, a patient may know immediately that they are the victim of a dentist’s negligence, such as when a dentist causes a traumatic injury to the nerves, gums, teeth, or mouth while carrying out a procedure. However, in other cases, the injury may not be readily apparent, such as when improper treatment results in an infection, bone loss, tooth loss, or misalignment.

​

If you suspect that you are a victim of dental negligence, speak to a knowledgeable New Jersey dental negligence lawyer at 

Shebell & Shebell as soon as possible. We can provide you with our thoughts, based on handling similar claims, and may begin 

an investigation into the cause of your injury. If we suspect that the facts warrant further investigation, we will refer the matter to an expert witness in the same dental area of expertise for evaluation. If the expert concludes that the dental practitioner’s treatment fell below accepted standards of care and that permanent injury resulted, we will proceed with a case against the dental practitioner. 

​

How Negligent Dentists Cause Injuries

There are many ways in which a dentist can fall below the accepted standards of care, including:

​

• Dental delay: Some dental procedures 

  must be completed over a series of visits. 

  When treatment is delayed, it can cause   

  unnecessary discomfort and lead to further 

  complications.

• Failure to diagnose: If a dentist fails to  

  diagnose an infection, severed nerve, sinus 

  perforation, periodontal disease, oral 

  cancer or other condition, this can lead to 

  serious complications including 

  hospitalization, loss of bone, and in some 

  cases, death. The experienced dental 

  negligence lawyers at Shebell & Shebell 

  know how to identify this type of 

  negligence based on your dental records.

• Failure to refer for further treatment: 

  a dentist may recognize that an injury 

  occurred, such as a perforated sinus or 

  lingual nerve injury, but fail to refer the 

  patient for timely, appropriate treatment.

• Pulling or filling the wrong tooth: If your 

  dentist worked in the wrong area of your 

  mouth and pulled or filled the wrong tooth, 

  you may have a claim to bring against that 

  professional.

• Dental anesthesia errors and adverse drug reactions: these errors can occur when a dentist fails to conduct a proper medical history prior to administering a drug or after administering an incorrect dosage.

• Injury to the nerves during tooth extraction: this can affect the lingual nerve 

  or the inferior alveolar nerve, and cause 

  severe facial trauma, including slurred 

  speech, loss of sensation, and pain.

• Endodontic negligence: when performing 

  a root canal, many things can go wrong, 

  including leaving an instrument in the 

  canal, air embolisms, and life-threatening 

  infections. These infections can result in 

  brain abscesses leading to brain damage, or 

  even death.

• Negligent TMJ and orthognathic surgeries: if you underwent a procedure and 

  required follow-up corrective surgery, you 

  may have a claim for malpractice.

​

Dental fraud

Dental negligence also includes fraud. When a dentist deliberately misleads a patient into thinking that they have non-existent dental problems in order to charge them for more services than they actually need, it can constitute a claim for medical malpractice.

​

Responsible parties

Depending on the situation, there are many parties that could be liable for the errors in a dentist office. In addition to dentists and oral surgeons, the staff may also be liable for errors they commit during your treatment. The owners of the dental office may also be liable if they employed the dentist and his or her staff. Manufacturers and designers of faulty dental devices or products may also be held liable under product liability law.

​

Common injuries

In order to prevail on a claim for dental negligence, generally, a patient must suffer from more than just short-term 

pain and discomfort. Typical injuries associated with malpractice include:

​

• Numbness and nerve damage to the face, 

  lip, chin, jaw or tongue (this may be 

  permanent or temporary)

• Chronic pain

• Loss of teeth and bone support

• Oral infections

• Loss of taste

• Gum disease

• Traumatic injury caused by the misuse of 

  dental tools

• Infection caused by improperly sterilized 

  tools

• Disfigurement

​

​

​

​

​

​

DELAYED OR MISSED CANCER DIAGNOSIS

OFFICE HOURS & LOCATIONS

​

Shrewsbury, NJ - Main office

655 Shrewsbury Ave, Suite 314

Shrewsbury, NJ 07702

Monday to Friday - 8:30am -5:30pm

Evening and weekend appointments 

available upon request

​

​

Freehold, NJ

25 Monument  St Freehold, NJ 07728

Monday to Friday - 9:00am -5:00pm

​

​

Linwood, NJ

2020 New Rd Linwood, NJ 08221

Monday to Friday - By appointment only

​

​

​

​

​

​

​

​

​

​

​

​

© 2018 Shebell & Shebell LLC. All Rights Reserved.

Disclaimer Privacy Policy Awards Methodology 

Delayed and Missed Cancer Diagnosis Attorneys in Monmouth County

In the battle against cancer, early detection and treatment is key to a successful recovery. Patients have the right to expect that their medical doctor will properly diagnose the signs and symptoms of their condition at the first possible time. Unfortunately, this doesn’t always happen. Perhaps your doctor didn’t ask the right questions, ignored your complaints, didn’t order the appropriate diagnostic or laboratory tests, or did not read the results of MRI, CT, or PET scans. If so, then your treating doctor, referring doctor, radiologist, or lab facility may have committed medical negligence.

​

A delayed or missed diagnosis of cancer can lead to the spread of cancer to other areas of your body. This can result in the need for more aggressive and invasive treatments, such as radiation and chemotherapy, surgery, or death, which could have been avoided 

had a timely diagnosis been made. Survival rates are often diminished for victims of delayed or missed diagnosis of cancer. 

​

Has malpractice hindered your fight against cancer? We can help you fight back.

The delayed diagnosis lawyers at Shebell & Shebell are some of the most experienced in New Jersey. We know that proving your case depends on us determining the cause of your delayed diagnosis. We have decades of collective experience in conducting investigations and working with medical experts to uncover the truth. We are motivated by a genuine desire to make a difference in our clients’ lives and recover the full amount of compensation they deserve.

​

Delayed diagnosis: the facts

It is estimated that approximately 40,000 cancer patients die every year as a result of delayed or missed diagnosis of cancer. 

This figure is even more frightening when you consider that most cases of delayed diagnosis are never discovered and go unreported.

​

Certain types of cancer are particularly susceptible to going undetected.  

These include:

​

  • Breast cancer
  • Colon cancer
  • Lung cancer
  • Prostate cancer
  • Cervical cancer
  • Ovarian cancer

​

Errors that result in a delayed diagnosis

Doctors go through years of medical school to learn how to properly diagnose common diseases like cancer. They receive extensive training in recognizing signs and symptoms of cancer, and the appropriate tests to perform to confirm suspicions. Today, with so many highly-sophisticated tools at their disposal, such as mammograms, MRI’s, PET scans, CT scans, blood tests, and biopsies, doctors have a greater opportunity to diagnose a patient’s cancer at a time when treatment options will provide a greater chance of survival.

​

Sometimes, a doctor will have taken all the appropriate steps towards making a timely diagnosis, but the lab or radiologist made an error. If something went wrong in the lab or radiology center, the specialists working there may be responsible. At Shebell & Shebell, we will do our best to determine who may have contributed to the cause of your delayed or misdiagnosis.

​

Some other mistakes that can lead to a delayed diagnosis include:

​

  • Failure to attach appropriate significance to a patient’s complaints or signs of cancer
  • Misreading or not reading test results
  • Failure to order the appropriate tests
  • Failure to routinely examine at-risk patients
  • Mistaking a malignant tumor as benign
  • Mistaking a tumor for a cyst
  • Failure to refer a patient to the right type of specialist
  • Failure to examine and biopsy suspicious skin growths
  • Failure to order a mammogram when medically appropriate
  • A radiologist’s misreading or misinterpretation of imaging
  • Misinterpretation of tissue samples
  • Failure to test or elevated prostate specific antigen (PSA)

EMERGENCY ROOM ERRORS

Emergency Room Negligence Lawyers in Monmouth County

Overcrowded and understaffed emergency rooms are creating a hectic environment where it is easy for fatigued professionals to make mistakes. These factors account for the relatively high incidence of emergency room negligence. Despite the high ratio of patients to staff, emergency room doctors and nurses still have a duty of care to every patient that they treat.

​

Strong advocates for victims of emergency room errors

If you or a loved one has been injured by the negligence of emergency room professionals, you may be entitled to compensation. 

At Shebell & Shebell, we have been successfully representing injured clients since 1927. We will closely review the facts of your

case to determine whether negligence was the cause of your injury. If so, we will work tirelessly to maximize your settlement. 

​

“The Golden Hour”

In an emergency room, mere seconds can mean the difference between life and death. Professionals refer to the first hour after a traumatic event as “the golden hour.” According to the literature, if appropriate treatment is received during this hour, the likelihood 

of a successful recovery is greatly enhanced. When treatment is delayed, the likelihood that it will be effective decreases. In short, the sooner a patient receives treatment, the better their prognosis is. For these reasons, undue delays in emergency room treatment may constitute malpractice.

​

Patient Dumping

“Patient dumping” refers to an unethical and illegal practice where hospitals discriminate against patients who cannot prove their ability to pay. When a capable hospital transfers a patient in need of care to another facility or completely turns them away, this is 

a form of medical malpractice. Even if you never received treatment, you may still have a claim for malpractice if a hospital failed 

to treat you, resulting in a worsening of your condition.

​

Common emergency room errors

Some common types of emergency room malpractice include:

​

• Misdiagnosis: when doctors and nurses fail to assess a patient’s symptoms and vital signs, this can lead to serious complications.Appendicitis, stroke, ectopic pregnancy, aneurysm and myocardial infarction (heart attack) are among the most commonly missed diagnoses in emergency rooms.

• Medication errors: when doctors and nurses fail to get a patient’s full medical history, this can lead to the administration of contraindicated drugs, causing an adverse reaction.

• Testing errors: doctors may fail to order the appropriate tests, or fail to interpret test and lab results correctly (including x-rays).

This may lead to misdiagnosis or the administration of improper or unnecessary treatment

• Falls: patients left unattended in a busy emergency room are susceptible to falls, particularly elderly patients or those who are disoriented due to their injury.

• Delayed treatment: delayed treatment due to busy conditions can have devastating consequences, particularly for patients suffering from a stroke, heart attack, or asthma attack.

• Responsible Parties: Depending on your situation, there may be multiple parties responsible for your injury. The lawyers at Shebell & Shebell are experienced in reviewing medical records to determine which party or parties are responsible for your injury, including:

​

• Physicians

• Nurses

• Anesthesiologists

• The hospital

• Medical equipment manufacturers

• Pharmaceutical companies

• Government entities

• Other emergency room staff

MEDICATION ERRORS

Medication Errors – Pharmacy Negligence

Preventable medication errors harm an estimated 7 million patients a year. Medication errors occur at multiple care levels, including prescribing errors, pharmacy dispensing, hospital pharmacy errors, and outpatient follow-up. About 30% of hospitalized patients 

have at least one discrepancy on discharge medication reconciliation.

​

High prescription volume pharmacies have developed ways to increase speed, and have often removed direct pharmacist-patient interaction and counseling. Pharmacists are the last line of defense in medication safety, and patients must come first.

​

At Shebell & Shebell, we have successfully represented several patients who have been severely harmed through preventable 

neglect when prescribing and dispensing medications. We have learned that many preventable errors result from a breakdown in communication between care providers, a failure to reconcile look-alike, sound-alike medications, or a simple misreading of drug dosages. If you have been harmed by a preventable medication error, call us now to see how we can help.

ANESTHESIA ERRORS

Monmouth County Anesthesia Error Med Mal Lawyers

An anesthesiologist is a physician who has been trained to administer anesthesia and to monitor a patient’s vital signs during surgery and in the post-anesthesia care unit (PACU).  The anesthesiologist plays a critical role in every surgical procedure, and patients and attending surgeons must place a great deal of trust in their abilities. When an anesthesiologist’s care falls below the accepted standard of care, patients can suffer from serious, ongoing health conditions, or death.

​

If you are the victim of an anesthesia error, the anethesiologist’s insurance carrier will seek to minimize any liability for the harm caused. The medical negligence lawyers at Shebell & Shebell work with highly qualified anesthesiology experts to prepare compelling cases for our clients. If you or a loved one believes that they have been injured as a result of anesthesia error, speak 

to one of our lawyers about investigating the cause and origin of any possible anesthesia error. 

​

Causes of Anesthesia Error

All medical procedures involve certain risks, and anesthesia is no exception. Some risks cannot be completely eliminated. However, what medical professionals try to excuse as a “complication” or unavoidable consequence, are often the result of medical negligence. Anesthesiology is a demanding area of medical practice that requires precise attention to detail, immediate response to adverse and changing vital signs, and close patient follow up immediately following surgery.

​

Some of the more common types of anesthesia errors include:

​

• Anesthesia dosage error: this can happen when an anesthetic is improperly labeled, the amount or dose is improperly administered, or a provider does not carefully review a patient’s chart for allergic reactions.

• Delayed delivery: equipment problems such as vaporizer leakage, or accidents during syringe-swapping can cause this type of error.

• Intubation injury: during surgery, patients are often intubated to facilitate breathing, and errors in the size of tubing, removal and position of tubing can occur. If a patient is not properly intubated or extubated, they may suffer from significant damage to vocal cords or brain damage.

• Failure to properly monitor a patient: anesthesiologists are responsible for monitoring a patient’s vital signs before, during, and  after administration of medications during surgery and in the PACU. Negligence can result in a patient having an adverse reaction during the procedure, or suffering other injuries, such as brain damage or death, after surgery.

• Leaving a patient unattended: this can result in accidents such as a patient rolling off an operating table.

• Dangerously prolonged sedation or overdose of narcotic medications: An anesthesiologist or nurse anesthetist or PACU nurse may not monitor a patient as closely as necessary following the administration of potentially life-threatening narcotics, causing a significant impairment on a patient’s breathing, blood pressure, or heart.

• Defective equipment 

​

Common Injuries Caused By Anesthesia Error

Risks of anesthesia are often greater in elderly patients and those who have underlying medical problems, such as sleep apnea. Any patient is vulnerable to suffering these types of injuries if their anesthesiologist is negligent, including:

​

• Anesthesia awareness (waking up during surgery): if a patient is not administered a sufficient dose of anesthetic, they may be paralyzed and unable to speak, but still be aware of what is happening and possibly even feel the pain of the surgery. This can be traumatic, causing a patient to develop post-traumatic stress disorder (PTSD), anxiety disorders, and sleep problems.

​

• Overdose

• Allergic reaction

• Lung infection

• Heart attack

• Stroke

• Death

BIRTH INJURIES

Birth Injury Attorneys in Monmouth County

You can trust the experienced lawyers at Shebell & Shebell with your most sensitive case. Some of the most challenging cases lawyers face involve what should be the most enjoyable moment in a parents’ life. The injury to or death of a newborn has a profound impact on the baby, parents, families, and the community at large. Our goal is to help relieve families of some of the emotional and financial burdens of their child’s care. Cases involving obstetrical negligence may be complex, and the outcome can have a lifelong impact on your family. Our firm is committed to our clients’ futures, fighting for fair and complete compensation. We handle a wide range of birth injury cases, including but not limited to:

​

Drug-related birth injuries

• Forceps and vacuum extraction birth injuries

• Brain injuries

• Nerve damage

• Labor & delivery birth injuries

​

A birth injury is simply defined as a trauma suffered by a newborn during childbirth. Birth injuries can occur before, during, or after delivery. If you believe that your child’s birth injury was caused by the malpractice of a treatment provider, you should contact one 

of our experienced medical negligence lawyers to investigate your legal rights. Contact Shebell & Shebell.

​

Causes of birth injuries?

Birth injuries can occur in many ways. In some instances, such as when a child is presenting in a breech (head up) or transverse (body lying sideways) position, it is not medically advisable to deliver the baby through the birth canal. Similarly, physicians are trained to estimate a child’s size and weight prior to delivery. If a child is large, typically over ten pounds, or an expectant mother’s pelvic region is very small, it may be safer for a woman to have a cesarean section (C-section) procedure to deliver the baby. If treatment providers do not recognize the need for a C-section, the child can be severely injured. Oxygen to the child’s brain may be cut off. Additionally, the use of instruments such as forceps or a vacuum extractor may result in brain injury and other injuries to the child. During labor, the child’s health must be constantly monitored. Problems can arise if the monitor is not properly attached to the baby, does not work properly, or if the doctor or nursing staff fails to recognize signs of fetal distress.

​

Birth injury may occur long before the actual day of delivery. If a mother is prescribed an improper dosage of medication or medication not appropriate for pregnant women, her unborn child could face serious issues. Similarly, if a doctor fails to diagnose conditions during pregnancy, such as preeclampsia, gestational diabetes, or maternal infections, like toxoplasmosis, the baby can suffer injury. Finally, certain genetic defects can be diagnosed and repaired in utero. If a physician fails to diagnose and treat these conditions, this may constitute medical negligence.

​

Other common causes of birth injury include:

​

• Excessive use of the labor-inducing drug Pitocin

• Failure to treat jaundice

• Epidural or other medication errors

• Twisted or damaged umbilical cord

• Complications with a vaginal birth after a C-section

• Uterine rupture

​

Hospital nursing staff and doctors are sometimes overwhelmed and rushed while in the delivery room, leading to 

a relaxation or breakdown of safety protocol. When the end result is a serious injury to a baby, it may be time to consider legal action.

​

Wrongful death of a child

In addition to helping families obtain money damages and compensation for preventable medical errors, our lawyers also have experience in bringing wrongful death lawsuits on behalf of parents whose children died during childbirth as a result of malpractice. Although no amount of compensation can restore what you have lost, a successful lawsuit can send a message to the medical community that they must abide by a standard of care that our community expects.

WRONGFUL DEATH

Wrongful Death Attorneys in Monmouth County

New Jersey law defines wrongful death as a fatality caused by someone’s negligent, reckless or deliberate actions. If your loved one was killed in an accident that was caused by another person’s negligent behavior, you may be able to recover money damages by pursuing a wrongful death claim. You have a right to know who caused your loved one’s death and hold them accountable. Although no amount of money can replace what you have lost, recovering financial compensation can help relieve some of the burdens of your family’s situation. Without the testimony of the decedent, it can be difficult to find out the cause of the accident and pinpoint who was responsible. The experienced New Jersey wrongful death lawyers at Shebell & Shebell know how to obtain this evidence, uncover the truth, and get the compensation your family deserves. Contact Shebell & Shebell for a consultation today.

​

Causes of wrongful death

Although any type of accident can give rise to a wrongful death suit in New Jersey, common situations include:

​

• Car accidents

• Trucking accidents

• Motorcycle accidents

• Medical malpractice, including surgical errors, failure to diagnose cancer, and over-prescribing prescription drugs

• Workplace accidents

• Fall injuries

• Dog and animal attacks

• Dangerously defective products, including medications

• Abuse and assault at private or commercial properties, including bars, nursing homes, and schools, where 

there was a lack of security to prevent violent crime

• Police misconduct

• Occupational exposure to asbestos or other dangerous contaminants

​

Who can pursue a wrongful death claim?

Any family member of the decedent can pursue a wrongful death claim. However, it can be difficult to determine which relatives should be involved in the case. The law governing who may file a claim can be complicated. The knowledgeable attorneys at Shebell & Shebell offer free consultations and can help you determine who among your relatives has standing to pursue a claim. In general, 

the right to pursue a claim follows a preferential hierarchy, in the following order:

​

• Surviving spouse, children, and offspring of deceased children

• Parents

• Siblings

• Grandparents

​

Compensation and justice

After an unexpected death, your family may be too grief-stricken to contemplate hiring an attorney to secure monetary compensation for your loss. However, medical, funeral, and other costs related to the death quickly add up. The hardship is increased if your family has lost a wage-earner.

​

In addition to helping you recover financial compensation, an experienced New Jersey wrongful death lawyer can help you expose the negligent party’s oversight and prevent them from harming other individuals in the future. The responsible party should face the consequences of their irresponsible actions. The tenacious lawyers at Shebell & Shebell will undertake a thorough investigation and get answers.

​

Some of the monetary damages that you can recover in a wrongful death suit include:

​

• Lost wages and benefits (past and future)

• Compensation for any future household services that your lost family member would have contributed

• Medical and hospital bills

• Funeral and burial expenses

• Punitive damages when it can be shown that the defendant’s conduct was intentional, malicious, or reckless

• Loss of affection, companionship, and consortium of your loved one

• Pain and suffering

DENTAL MALPRACTICE

Dental Negligence Attorneys in Monmouth County

When a dentist makes an error that another dentist would not have made in the same situation, he or she may be liable for dental negligence. If a dental error has caused you to suffer more than just short-term pain and discomfort, you may be able to recover 

money damages to compensate you for your injury.

​

In some cases, a patient may know immediately that they are the victim of a dentist’s negligence, such as when a dentist causes 

a traumatic injury to the nerves, gums, teeth, or mouth while carrying out a procedure. However, in other cases, the injury may 

not be readily apparent, such as when improper treatment results in an infection, bone loss, tooth loss, or misalignment.

​

If you suspect that you are a victim of dental negligence, speak to a knowledgeable New Jersey dental negligence lawyer at 

Shebell & Shebell as soon as possible. We can provide you with our thoughts, based on handling similar claims, and may begin 

an investigation into the cause of your injury. If we suspect that the facts warrant further investigation, we will refer the matter to 

an expert witness in the same dental area of expertise for evaluation. If the expert concludes that the dental practitioner’s treatment

fell below accepted standards of care and that permanent injury resulted, we will proceed with a case against the dental practitioner. 

​

How Negligent Dentists Cause Injuries

There are many ways in which a dentist can fall below the accepted standards of care, including:

​

• Dental delay: Some dental procedures must be completed over a series of visits. When treatment is delayed, it can cause   

  unnecessary discomfort and lead to further complications.

• Failure to diagnose: If a dentist fails to diagnose an infection, severed nerve, sinus perforation, periodontal disease, oral cancer 

or other condition, this can lead to serious complications including hospitalization, loss of bone, and in some cases, death. The experienced dental negligence lawyers at Shebell & Shebell know how to identify this type of negligence based on your dental records.

• Failure to refer for further treatment: a dentist may recognize that an injury occurred, such as a perforated sinus or lingual nerve injury, but fail to refer the patient for timely, appropriate treatment.

• Pulling or filling the wrong tooth: If your dentist worked in the wrong area of your mouth and pulled or filled the wrong tooth, you may have a claim to bring against that professional.

• Dental anesthesia errors and adverse drug reactions: these errors can occur when a dentist fails to conduct a proper medical history prior to administering a drug or after administering an incorrect dosage.

• Injury to the nerves during tooth extraction: this can affect the lingual nerve or the inferior alveolar nerve, and cause severe facial trauma, including slurred speech, loss of sensation, and pain.

• Endodontic negligence: when performing a root canal, many things can go wrong, including leaving an instrument in the canal, air embolisms, and life-threatening infections. These infections can result in brain abscesses leading to brain damage, or even death.

• Negligent TMJ and orthognathic surgeries: if you underwent a procedure and required follow-up corrective surgery, you may have a claim for malpractice.

​

Dental fraud

Dental negligence also includes fraud. When a dentist deliberately misleads a patient into thinking that they have non-existent dental problems in order to charge them for more services than they actually need, it can constitute a claim for medical malpractice.

​

Responsible parties

Depending on the situation, there are many parties that could be liable for the errors in a dentist office. In addition to dentists and oral surgeons, the staff may also be liable for errors they commit during your treatment. The owners of the dental office may also be liable if they employed the dentist and his or her staff. Manufacturers and designers of faulty dental devices or products may also be held liable under product liability law.

​

Common injuries

In order to prevail on a claim for dental negligence, generally, a patient must suffer from more than just short-term 

pain and discomfort. Typical injuries associated with malpractice include:

​

• Numbness and nerve damage to the face, lip, chin, jaw or tongue (this may be permanent or temporary)

• Chronic pain

• Loss of teeth and bone support

• Oral infections

• Loss of taste

• Gum disease

• Traumatic injury caused by the misuse of dental tools

• Infection caused by improperly sterilized tools

• Disfigurement

OFFICE HOURS & LOCATIONS

Phone : (732) 663-1122

Fax : (732) 663-1144

​

Shrewsbury, NJ - Main office

655 Shrewsbury Ave, Suite 314

Shrewsbury, NJ 07702

Monday to Friday - 8:30am -5:30pm

Evening and weekend appointments available upon request

​

​

​

Freehold, NJ

25 Monument St

Freehold, NJ 07728

Monday to Friday - 9:00am -5:00pm

​

​

​

Linwood, NJ

2020 New Rd

Linwood, NJ 08221

By appointment only

SHEBELL & SHEBELL VIDEOS

CONTACT US TODAY

© 2018 Shebell & Shebell LLC. All Rights Reserved.

Disclaimer Privacy Policy Awards Methodology