At Shebell & Shebell, we’ve been fighting for the rights of the injured throughout New Jersey since 1927. Our team of New Jersey medical malpractice lawyers understands the significant impact an injury can have on your life.
If a diagnosis was missed, a surgery went wrong, or hospital care fell below accepted standards, we’ll get the records, consult the right experts, and fight for the compensation you deserve—free case review, no fee unless we win.
Medical errors can cause life-changing harm. When hospital care falls below accepted standards—through a missed diagnosis, a surgical mistake, medication error, or poor follow-up—the consequences can include serious complications, disability, or even loss of life. If you suspect negligence played a role in your outcome, you deserve clear answers and an advocate who will pursue accountability.
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 malpractice 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, who are highly experienced medical malpractice attorneys.
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 personal injury law firm to help you through tough times, contact Shebell & Shebell, LLC.
You may, if the care fell below the accepted standard and caused harm such as new injuries, complications, or a worse outcome. Common scenarios include:
Misdiagnosis/Delayed Diagnosis (e.g., cancer, stroke, sepsis)
Surgical Errors (wrong-site, retained object, nerve/organ injury)
Anesthesia Errors (airway management, dosing)
Birth Injuries (HIE, shoulder dystocia/brachial plexus)
Medication Errors (contraindications, dosing, interactions)
Not sure? We’ll review your timeline, request key records, and explain your options.
Most cases require a qualified medical expert to certify that care likely deviated from accepted standards. We obtain and coordinate this Affidavit of Merit early so your case can move forward on time.
Shebell & Shebell has a long and proud history in New Jersey. Founded by Thomas Shebell in Asbury Park in 1927, our firm has grown over the years, with our main office now located in Shrewsbury.
While the faces at our law firm have changed, our mission remains the same: to fight for working families facing hard times due to injury.
Our firm’s founder, Thomas Shebell, came from a working-class family and dedicated his practice to helping other working families struggling with injuries. Today, we continue this legacy, taking on insurance companies to fight for the best resolution for our clients.
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 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.
Medical care (past and future), lost income and reduced earning capacity, in-home or attendant care when appropriate, and non-economic damages such as pain, suffering, and loss of enjoyment of life. In wrongful death cases, eligible family members may seek additional damages.
We construct a detailed medical timeline, analyze differential diagnosis and decision points, obtain EMR/charting data, consult specialty-matched experts, and model both economic and non-economic harm. If insurers won’t be fair, we prepare for trial.
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Reviewed and approved by attorney Thomas Shebell to ensure legal accuracy and reliability for New Jersey injury and workers’ compensation matters.
A “Never Event” is a type of medical error or adverse event that is considered preventable and should never occur in a healthcare setting. These events are considered to be serious and result in significant harm to the patient.
Examples of Never Events include:
These types of events are considered to be preventable through the implementation of proper protocols and procedures. They are often used as a measure of the quality and safety of a healthcare facility.
Due to the catastrophic and preventable nature of Never Events, health care organizations are under pressure to eliminate them completely. To this end, Medicare announced in 2007 that they would no longer cover additional costs associated with such events, and other private insurers and states have followed suit. Since 2009, CMS has not paid for any wrong-site surgeries. Additionally, public reporting of these events has been implemented with the goal of increasing accountability and improving quality of care. In many states, health care facilities are responsible for finding out the root cause of these events and taking corrective action when needed.
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 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.
Shebell & Shebell’s case results speak for themselves. Explore the representative results we’ve won for our clients.
Your questions answered
No. A bad outcome by itself isn’t malpractice. To be malpractice, you generally must prove four things:
Duty: The provider-patient relationship existed.
Breach of the standard of care: The provider did something (or failed to do something) that competent providers wouldn’t under similar circumstances.
Causation: That breach likely caused the harm—not just coincided with it.
Damages: You suffered measurable losses (medical bills, disability, lost income, pain and suffering, etc.).
Some complications happen even with excellent care. If you’re unsure, an attorney can review your records with qualified medical experts to determine whether your result was a recognized risk or the product of negligence.
To prove malpractice, you must show that a healthcare provider failed to meet the accepted standard of care, that this negligence directly caused your injury, and that the injury resulted in measurable damages such as medical bills, lost income, or long-term complications. Expert medical testimony is typically required.
Medical malpractice occurs when a doctor, nurse, hospital, or other provider delivers care that falls below accepted medical standards and causes harm. Common examples include diagnostic errors, surgical mistakes, medication errors, birth injuries, and failures to properly monitor or treat a condition.
You can file a complaint with the New Jersey Department of Health or the appropriate state medical licensing board. Reporting creates a formal record of the incident but does not replace filing a legal claim for compensation.
Most medical malpractice cases take 18 months to several years, depending on complexity, expert reviews, court scheduling, and whether the case resolves through settlement or goes to trial.
You can report malpractice concerns to the New Jersey Board of Medical Examiners. Hospitals and healthcare facilities may also have internal reporting systems, but those do not initiate legal action.
In New Jersey, the statute of limitations is usually two years from the date of injury or from the date the injury reasonably should have been discovered. Certain exceptions apply for minors and concealed negligence, so speaking with an attorney quickly is important.
Yes. New Jersey requires an Affidavit of Merit, which must be signed by a qualified medical expert confirming that the provider likely deviated from accepted standards of care. Without this affidavit, the case cannot move forward.
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Reviewed and approved by attorney Thomas Shebell to ensure legal accuracy and reliability for New Jersey injury and workers’ compensation matters.
Get a same-day review with a medical malpractice lawyer. We’ll obtain your records, consult qualified experts, and explain whether your care fell below accepted standards—and what compensation you can pursue. No fee unless we win.
Fast record requests & timeline reconstruction
Independent expert review (diagnosis, surgery, anesthesia, birth injury)
Clear plan for next steps and damages
Contact us today to discuss your case.
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