New Jersey Medical Malpractice Attorney
We’ve Won Over $1 Billion in Compensation for Clients
If you or someone you love has been injured by the negligence of a physician, nurse, or health care provider, you may have grounds to seek a recovery of your damages by pursuing a medical malpractice lawsuit.
Medical malpractice is complex and claims are fought aggressively by insurance companies that care more about profits than people. By working with proven New Jersey medical malpractice lawyers from Levinson Axelrod, P.A., you’ll have the support of a team that knows how to help clients win.
Our medical malpractice team includes:
- New Jersey Supreme Court Certified Civil Trial Specialists
- Attorneys named among The Best Lawyers in America and Super Lawyers
- An Attorney / Physician with 20 years of experience in Internal Medicine and Cardiology (Attorney Rosemary E. McGeady, M.D.)
Levinson Axelrod fights for victims and families in a range of medical malpractice actions across the state of New Jersey. Contact us to request a FREE consultation.
Over $1 Billion Recovered for Victims and Families
Levinson Axelrod has recovered more than $1 billion for victims harmed by negligence, and more than $350 million in the past 5 years alone.. Some of our recent results include:
- $7 million settlement for a client who was seriously injured in a trucking collision.
- $6 million recovery for a client who suffered multiple injuries in a drunk driving accident.
- $2 million settlement over a fatal surgical error for the family of a 71-year-old woman who died from complications arising from an aortic tear during kidney surgery at CentraState Medical Center in Freehold.
- $1.9 million settlement (premises liability) against a local supermarket over failures to perform CPR on a man who suffered a heart attack.
- $600,000 jury verdict for a client who suffered an injury to his spinal accessory nerve (SAN) during a surgical procedure to remove a fatty lipoma on his neck.
What is Medical Malpractice?
Medical malpractice occurs when a health care provider failure to meet accepted standards when treating patients. A deviation of the standard of care, in short, is medical negligence.
Determining if a provider’s actions rose to the level of malpractice will require an investigation into the facts of your case. Generally, a provider is held liable for malpractice if they failed to act in a manner that a skilled, knowledgeable, and reasonable provider would act under the same or similar circumstances.
There are many ways a provider can deviate from the standard of care. Common examples of medical malpractice include:
- Failure to diagnose and misdiagnosis
- Surgical errors
- Pharmaceutical errors / medication errors
- Anesthesia accidents
- Emergency room errors
- Hospital malpractice
- Testing errors
- Cancer misdiagnosis
- Pharmacy errors
Can I Sue for Medical Malpractice
Plaintiffs who bring medical malpractice actions must generally prove:
- The health care provider owed the Plaintiff a legal duty of care.
- The provider was negligent in failing to meet the duty of care.
- Medical negligence was a substantial cause of injury.
- Plaintiffs suffered damages as a result.
A patient only has a viable medical malpractice claim if they suffered injuries. They must also be able to prove that a provider was negligent and that negligence was a substantial cause of their injuries.
Because not every injury that occurs in a medical setting constitutes malpractice, it can be difficult to know when you might have a case. The most effective way to determine if you have a medical malpractice case is to speak with an experienced lawyer. Levinson Axelrod, P.A. represents victims cases involving injury and wrongful death arising from medical malpractice. Contact us for a FREE case review.
Medical Malpractice Statistics
According to the Institute of Medicine, medical negligence happens frequently in the U.S. According to Johns Hopkins Medicine:
- More than 250,000 people die each year due to medical negligence
- Medical errors cause 10% of all U.S. deaths
- Medical errors are the third leading cause of death nationwide
These numbers show that medical errors happen frequently, often with devastating consequences. As a victim of medical negligence, a malpractice lawsuit can help obtain the justice and compensation you deserve. This includes compensation for:
- Medical expenses
- Long-term medical needs and treatment
- Lost income and lost future income
- Pain and suffering
- Disability / loss of quality of life
- Loss of consortium / companionship
- Other economic and non-economic damages
The Statute of Limitations in New Jersey Medical Malpractice Cases
If you or a loved one were have a potential medical malpractice case, it is important to seek a legal evaluation sooner rather than later. Not only can this help ensure that investigations can begin immediately, it can also help you avoid any issues involving the statute of limitations.
In New Jersey, the statute of limitations is essentially a time deadline by which victims must bring their claims.
- Victims have 2 years from the date they became reasonably aware that negligence caused their injuries to bring a medical malpractice lawsuit.
- In cases involving minor victims, a medical malpractice lawsuit must be brough within 2 years of the child’s 18th birthday.
- In cases involving birth injuries, victims must file claims by the child’s 13th birthday.
Determining when cause of action accrues in a medical malpractice case isn’t easy. To ensure you have an understanding of the time limitations in place, speak with an attorney from our offices.
Our NJ medical malpractice attorneys at Levinson Axelrod, P.A. are available to speak with you about your potential claim during a FREE and confidential case review. There’s no cost to hire our firm, and no fee unless a recovery is made in your case.
Medical Malpractice Settlement $12,500,000
Tractor-Trailer Jury Verdict $8,000,000
A 35-year-old laborer who resides in Kearny was seriously injured while working on the median of a highway when a passing tractor-trailer lost a wheel that struck him. Evidence at trial established that after a recent tire change, the lug nuts were not properly secured by both the owner and the independent contractor who had installed the tire. Our client suffered severe head and orthopedic injuries and is now totally disabled as a result of the accident.
Premises Liability Jury Verdict $7,000,000
A woman was putting her 3-year-old son on a carnival amusement ride while holding onto a portable fence when she received an electrical shock. Our client was hospitalized and later developed Traumatic Dystonia, a condition that caused tremors in the hand and makes the fingers curl.
Personal Injury Settlement $7,000,000
A Middlesex County man was severely injured and burned as a result of a collision with a truck. The truck driver had lost control of his vehicle and had come through a median barrier which had failed to redirect the truck away from oncoming traffic. Expert testimony established that the median barrier was defective and therefore failed to protect motorist from this type of accident.
Personal Injury Jury Verdict $6,000,000
A female drunk driver crashed into plaintiff’s vehicle causing multiple fractures to the right ankle and foot. Plaintiff’s doctor testified that plaintiff would be under pain management protocol for the rest of his life due to this condition.
Tractor-Trailer Settlement $3,700,000
A Morristown woman was injured when her vehicle was struck by a tractor-trailer that lost control on black ice on Interstate 287. The defendant's truck had jack-knifed as it was changing lanes in order to avoid an earlier accident. The accident resulted in our client suffering severe head injuries.
Product Liability Jury Verdict $3,500,000
Worker injured by product defect on his commercial truck.
Personal Injury Verdict $3,200,000
Levinson Axelrod, P.A. Partner Kim Gozsa recently obtained a $3.2 million dollar verdict on behalf of a client who was injured in a slip and fall accident at an outlet shopping plaza in Jackson, New Jersey. The substantial jury award stems from a case in which Kim’s client slipped and fell on ice on a sidewalk at the Jackson Premium Outlets, an outlet shopping center in Jackson Township, New Jersey.
Premises Liability Jury Verdict $3,000,000
An Edison delivery man slipped on a wet floor while delivering a package. He broke his knee in the fall and suffered an injury to his spine, which in turn aggravated pre-existing conditions of incontinence and impotence which had been caused by previous injuries.
Premises Liability Jury Verdict $3,000,000
Our client, a North Plainfield man, was injured when he slipped and fell on snowy steps while exiting his building. He suffered a lumbar disc injury, requiring surgery. The jury found his landlord 100% liable for the accident for failing to clear the steps to the building.
Wrongful Death Jury Verdict $3,000,000
A worker developed asbestosis and lung cancer due to Asbestos exposure. Evidence at trial proved asbestos to be a defective product, which causes harm to workers who use it. Jury awarded the victim's widow damages for wrongful death.
Personal Injury Settlement $3,000,000
A 31-year old iron worker was injured in a construction site accident when he was struck in the head by a cinder block. Despite the facts that he was wearing a hard hat at the time, the plaintiff still received a serious closed head injury resulting in both memory loss and total disability. The case was handled by both Richard Levinson and James Dunn and settled at the time of trial.
Inadequate Security Jury Verdict $2,700,000
A mother of nine was shot and killed while working at a convenience store. Evidence at trial proved a lack of adequate security, including a panic button and outgoing phone line, had placed this worker at risk. Expert testimony also established that there was an increased risk of criminal activity in convenience stores which had inadequate surveillance equipment. The matter was upheld on Appeal, and settled prior to being reviewed by the New Jersey Supreme Court.
Third-Party Work Injury Settlement $2,650,000
The plaintiff sustained a traumatic amputation of one leg, and a crush injury to the opposite foot, in a construction site accident. The claim was brought against the Department of Transportation, as it had a duty to monitor safety on the work site and its failure to do so contributed to the happening of this accident.
Premises Liability Settlement $2,500,000
Our client was injured while delivering a 3,000 pound piece of equipment to defendant's premises. The defendant's employees were assisting our client in unloading the product when one of them prematurely activated the lift gate, causing the piece of equipment to fall and strike his legs. He suffered serious injuries to both legs, requiring multiple surgeries.
Motorcycle Collision Settlement $2,500,000
A young man was seriously injured while riding his motorcycle to work when another driver made a left hand turn in front of him, leaving our client had no memory of the accident. He suffered a number of serious fractures and underwent multiple surgeries, leaving him with disabilities. The case settled on the second day of trial.
Auto Accident Settlement $2,500,000
Levinson Axelrod Partner, Mark V. Kuminski represented a local Franklin Township woman who was involved in a three-car motor vehicle accident. The incident occurred when one of the drivers, later named as the defendant in the personal injury lawsuit filed by Mark and our firm, rear-ended a vehicle that had been stopped. Mark’s ability to express the full scope of damages incurred by our client, proved successful in compelling the jury to rule in our client’s favor.
Personal Injury Settlement $2,500,000
Our client suffered a traumatic head injury after falling due to an unsecure railing.
Personal Injury Jury Verdict $2,250,000
The plaintiff injured her ankle when she stepped into a cement cut out in a commercial sidewalk where a tree had been planted. The plaintiff had been walking on the sidewalk on her way to a down town holiday festival. Her attention had been distracted by a negligently placed chestnut grilling stand, thereby diverting her attention away from the cut out. The plaintiff brought claims against both the property owner and the operator of the chestnut stand.
Construction Accident Settlement $2,200,000
The plaintiff sustained a herniated disc in his lower back, for which he was required to undergo a surgical fusion. When the surgery failed to improve his symptoms, the plaintiff underwent the implantation of a spinal cord stimulator.
Levinson Axelrod, P.A. is committed to helping good people through difficult times. We build real relationships and make communication a priority to provide the best possible service and results.
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