When a Surgeon’s Mistake Changes Your Life, Our Fight for You is Personal
You went into surgery with hope. You placed your life and your future in the hands of a medical team you trusted to heal you.
But something went terribly, tragically wrong. Now, instead of recovering, you are grappling with new injuries, agonizing pain, and a future that feels uncertain and frightening. The path forward is clouded by confusion, anger, and a profound sense of betrayal.
What happens when a surgery doesn’t go as planned? What if you believe a surgeon made a mistake during your operation or the care you received afterward left you injured? It’s easy to feel lost and unsure of what to do next. You are not just a case number or a medical file; you are a person whose life has been turned upside down by a preventable error, and the silence from those responsible can be deafening.
This is a lonely and overwhelming place to be. But you are not alone.
At Shebell & Shebell, we have stood with the injured people of New Jersey for nearly a century. Since our founding in 1927, our mission has been etched in a simple, powerful principle: to fight for working families facing hard times because of an injury. We understand that a surgical error is more than a medical complication—it is a catastrophic event that can rob you of your health, your ability to work, and your peace of mind.
You have rights, and people are ready to stand with you. Taking action can feel like a big step, but it is the first step toward getting the help and security you need for your future. The best way to do this is to talk with a surgical error lawyer who can guide you through this difficult time.
We are more than just lawyers; we are your advocates, your shield, and your voice. When you are ready to demand accountability, we are ready to lead the fight.
If you or a loved one has been harmed by a surgical error, the time to act is now.
Call the experienced and compassionate surgical error attorneys at Shebell & Shebell for a free, no-obligation consultation. Let us listen to your story and explain how we can help. Your journey toward justice starts here. Call (732) 663-1122 today.
Table of Contents
- When a Surgeon’s Mistake Changes Your Life, Our Fight for You is Personal
- For Us, This Is Not Just a Profession—It's a Personal Crusade
- What Is a Surgical Error? Unmasking Preventable Tragedies
- Why You Need to Speak With a Shebell & Shebell Surgical Error Lawyer
- Frequently Asked Questions About Surgical Error Claims
- Take the First Step Toward Justice Today
For Us, This Is Not Just a Profession—It's a Personal Crusade
To truly understand why Shebell & Shebell is different, you need to understand the story of our lead trial attorney, Thomas F. Shebell, III. For Tom, the fight for victims of medical negligence isn't just a career path—it's woven into the fabric of his life.
As a child, Tom endured multiple, terrifying brain surgeries. He intimately knows the sterile chill of an operating room, the fear of the unknown, the constant throb of post-operative pain, and the absolute vulnerability of placing your life in a surgeon’s hands. He has lived the experience that so many of our clients are now facing. This formative, life-altering journey forged within him a deep, unshakable connection to those who have been harmed by the very system that was supposed to heal them. It’s why he sees the person, not just the file. It’s why he feels the weight of your struggle.
This personal history is the bedrock of our firm’s approach to surgical error cases. We don’t just understand the law; we understand the human cost of a surgical mistake. We know the sleepless nights, the mounting medical bills, the strain on your family, and the fear that you will never get your old life back. When Tom Shebell says, "I've walked in many of my clients' shoes," he means it. This profound empathy, combined with decades of legal experience, is the force that drives us to fight relentlessly for you.
When you entrust your case to Shebell & Shebell, you are not just getting a lawyer. You are gaining an ally who has a true, personal understanding of your battle and an unwavering commitment to making things right.
What Is a Surgical Error? Unmasking Preventable Tragedies
In the complex world of medicine, you want a lawyer who understands the profound difference between an accepted risk and a preventable mistake. A surgeon or medical surgical error malpractice attorney can paint a clear picture of what happened, why it constitutes malpractice rather than an ordinary error, and how it has affected your life.
Step 1: Call Shebell & Shebell’s Surgical Error Lawyers
Make this the first step you take. We can take the next several steps for you so that you can focus on treating and recovering from your surgical error.
Step 2: Get a Copy of Your Medical Records
Your medical records are the official story of your healthcare. They contain detailed information about your diagnosis, your surgery, and all the care you received. You have a right to a copy of these records. They are the single most important piece of evidence in a surgical error claim.
- How to Request Your Records: Most hospitals have a special form you need to fill out to get your records. You can usually find this form on the hospital’s website or call the hospital’s medical records department and ask for it. You will likely need to provide your name, date of birth, and the dates you were in the hospital. Be sure to request all records, including physician’s notes, nursing notes, lab results, imaging scans, and billing information.
- Be Prepared for a Fee: Hospitals can charge a small fee for copying your records. This is a necessary expense to move your case forward.
- Your Rights as a Patient: You have a right to information about your health. This is a key part of what is often called a Patient's Bill of Rights. For example, the Patient's Bill of Rights says that patients have the right to get an explanation of their medical condition in words they can understand. If you feel that hasn’t happened, it is another reason to secure your records and seek expert legal help.
Getting your records is a very important step. These records prove what happened during your surgery, and a personal injury lawyer reviews them to determine if a mistake occurred. At Shebell & Shebell, our team will meticulously analyze these documents with the help of medical experts to uncover the truth.
Step 3: Understand the Time Limits for Taking Action
Knowing there’s a time limit to file a surgical error claim is critical. This is called the "statute of limitations." This law sets a deadline for how long you have to file a lawsuit. If you miss this deadline, you may lose your right to seek justice for what happened, no matter how strong your case is.
- The Law in New Jersey: The time limit is different in every state. In New Jersey, the law says you have two years from the date of the injury to file a claim. You can see an example of this kind of law in New Jersey’s statute of limitations, N.J.S.A. 2A:14-2.
- The Discovery Rule: In many cases, the harm from a surgical error isn't immediately obvious. Some states set a discovery rule, which means the clock may start when the patient discovers (or reasonably should have discovered) the injury. For example, if a surgical sponge is left inside you, the two-year clock may not start until you begin experiencing symptoms and an X-ray reveals the foreign object, even if that is three years after the surgery. However, proving this can be complex.
Because of these strict deadlines, talk to a surgical error lawyer when you think something is wrong. A lawyer at Shebell & Shebell identifies the exact deadline for your case and ensures all filings meet that deadline. Do not wait, because time is limited. The hospital and their insurance company will use any delay to their advantage.
Step 4: Consider Filing a Complaint With the State Medical Board
Besides taking legal action, you also have the option to report the doctor to your state's medical board. This board oversees licensing doctors and ensuring they practice medicine safely. Filing a complaint can help ensure that what happened to you does not happen to someone else.
- What the Medical Board Does: The board will investigate your complaint. If it finds that the doctor did not provide good care, it can take action against the doctor. This can mean anything from a warning to suspending or removing the doctor’s medical license.
- How to File a Complaint: Each state has its own process. For example, in New Jersey, you can file a complaint with the State Board of Medical Examiners through the Division of Consumer Affairs. This is a way to hold a doctor accountable for their actions, but it is separate from a lawsuit and will not get you money for your injuries.
A lawyer at Shebell & Shebell can explain this process and guide you in deciding whether it’s the right choice for your situation, ensuring it does not interfere with your primary goal of securing financial compensation for your damages.
Why You Need to Speak With a Shebell & Shebell Surgical Error Lawyer
This might be the most important step of all. Trying to handle a surgical error claim on your own is very difficult. It is nearly impossible for a layperson to succeed. The medical and legal systems are intricate and designed to protect medical institutions. A surgical error attorney from Shebell & Shebell can stand by you and take action on your behalf. We level the playing field.
- They Understand the Law: A good lawyer will know all the special rules and deadlines for surgical error cases. Our attorneys live and breathe New Jersey law. We know the procedural hurdles and the substantive legal arguments required to build a powerful case. They can make sure your case is handled correctly from the very beginning.
- They Can Get a Professional Opinion: Many states, including New Jersey, require another doctor to review your case and confirm a mistake before you can file a surgical error lawsuit. This is often called an "Affidavit of Merit." Without this sworn statement from a qualified medical expert, your case will be dismissed. A lawyer will have a network of medical professionals to review your records and provide this important opinion. At Shebell & Shebell, we have built relationships with respected medical experts across numerous specialties who can analyze your case and provide the credible testimony needed to win.
- They Can Stand Up to Hospitals and Insurance Companies: Hospitals and their insurance companies employ teams of aggressive lawyers who work to prove no mistake occurred. Their goal is to pay you as little as possible, or nothing at all. They will try to blame you, argue your injury was a known risk, or bury you in paperwork. You need someone on your side who is just as strong and ready to fight for you. A surgical error lawyer from our firm will handle all the communication with the other side, absorbing the pressure so you can focus on improving. We will not be intimidated.
- They Can Determine What Your Case is Worth: How do you put a price on your pain? On a lost career? On a life permanently altered? A lawyer can evaluate your case and determine how much compensation you should receive for your injuries. We meticulously document every single loss you have suffered. This can include money for:
- Medical Bills: The cost of all the medical care you have needed because of the error, including future care you may need. This includes revision surgeries, hospital stays, rehabilitation, physical therapy, medication, and in-home care.
- Lost Income: The money you lose because you cannot work. This includes past lost wages and, crucially, your "loss of earning capacity"—the income you will be unable to earn in the future because of your permanent injuries.
- Pain and Suffering: Money to compensate for the physical pain and emotional distress you have been through. This includes compensation for depression, anxiety, PTSD, loss of enjoyment of life, and the daily struggle of living with a new disability.
- They Work on a Contingency Fee Basis: Our surgical error lawyers work on a contingency fee basis. This means you do not have to pay them any money upfront. At Shebell & Shebell, we firmly believe that access to justice should not depend on your bank account. They only get paid if they win your case; their fee is a percentage of the money they recover for you. This allows anyone to get the legal help they need, no matter their financial situation.
Finding the right lawyer is about more than just legal knowledge. You want someone who listens to you, who understands what you are going through, and who you can trust to fight for your best interests. You want a firm with a legacy of fighting for New Jersey families.
Frequently Asked Questions About Surgical Error Claims
When you are facing the aftermath of a surgical error, you have countless questions. Here are answers to some of the most common concerns we hear from our clients.
I signed a consent form before my surgery. Does that prevent me from filing a lawsuit?
No. This is one of the biggest misconceptions. A consent form informs you of the known and accepted risks of a procedure. It does not give a surgeon permission to act negligently or make a preventable mistake. For example, you may consent to the risk of infection, but you do not consent to the surgeon leaving a sponge in your body that causes an infection. If your injury resulted from care that fell below the accepted medical standard, a consent form does not protect the provider from liability.
How do I know if my bad outcome was a known risk or actual malpractice?
Distinguishing between an accepted complication and medical negligence requires a detailed legal and medical analysis. This is not something you can or should determine on your own. A surgical error attorney from Shebell & Shebell, working with independent medical professionals, will review your records to determine if your surgeon’s actions deviated from the standard of care that a reasonably prudent surgeon would have provided in the same situation. This expert analysis is the cornerstone of a successful claim.
What if the hospital offered to fix the mistake for free? Should I accept?
Exercise extreme caution. While it may seem like a good-faith gesture, an offer to perform a corrective surgery for free may be an attempt to resolve the issue without addressing the full scope of your damages. Accepting this offer could be seen as a settlement. It will not compensate you for the wages you lost, the pain you endured, the cost of therapy you might need, or any long-term care. Accepting the offer without consulting an attorney could potentially weaken or even eliminate your ability to claim compensation for lost wages, long-term care needs, and your pain and suffering. Always consult a lawyer before accepting any offer from a hospital or its insurance company.
Take the First Step Toward Justice Today
Realizing that a surgeon’s mistake may have changed your life is a heavy burden. It is normal to feel angry, scared, and helpless. You trusted them, and they failed you. The journey back can feel lonely and intimidating, but it is a journey you do not have to make by yourself.
But you are not alone, and you have the power to seek answers and hold those responsible accountable. By taking these steps—focusing on your health, documenting everything, and getting your medical records—you are taking back control. You are laying the groundwork for justice.
The most powerful step you can take is contacting a personal injury attorney who handles surgical error cases. A dedicated lawyer from Shebell & Shebell can lift the burden from your shoulders, handle the complex legal work, and fight to get you the resources you need to heal and move forward. We will be your shield against the insurance companies and your sword in the courtroom.
You deserve to know what happened, and you deserve to be secure in your future. Taking action today is the first step toward finding peace of mind and the justice you deserve. Let our family’s legacy of fighting for the injured become your greatest asset.
Contact the surgical error attorneys at Shebell & Shebell today. Let our personal commitment to justice make a difference in your life.
Call (732) 663-1122 Now for Your Free, Confidential, and No-Obligation Case Evaluation.