Medical Malpractice Lawyers in New Jersey

Justice for Patients Harmed by Medical Errors

Every patient has the right to safe, competent, and ethical medical treatment. When a healthcare provider’s actions fall short of professional standards—and injury results—the law provides an avenue for justice through medical malpractice litigation. At The Law Office of Miller & Gaudio PC, we represent patients and families who have been harmed by medical negligence in hospitals, clinics, surgical centers, and private practices throughout New Jersey.

Whether you or a loved one has experienced a surgical error, a missed cancer diagnosis, a birth injury, or negligent care in an emergency room, we are here to help you pursue accountability and compensation.

Why Choose The Law Office of Miller & Gaudio PC

Extensive Legal and Medical Experience

Medical malpractice cases require not only legal insight but also a deep understanding of healthcare systems, medical procedures, and professional standards. Our attorneys have decades of litigation experience and work closely with board-certified medical experts to thoroughly investigate and prove your claim.

Client-Focused Representation

At our firm, clients are never just a case number. We take the time to understand your story, answer your questions, and explain your legal options in plain language. You will work directly with an attorney—not just a paralegal or assistant—and we’ll guide you through every step of the legal process.

No Fees Unless We Win

We believe financial concerns should never prevent access to justice. That’s why we offer free consultations and handle malpractice cases on a contingency fee basis. You pay nothing unless we recover compensation for you.

What Is Medical Malpractice?

Defining Medical Negligence

Medical malpractice occurs when a healthcare provider fails to meet the standard of care expected in their profession, resulting in harm to the patient. This standard is defined as what a competent healthcare provider would reasonably do under similar circumstances.

Examples of Medical Malpractice

Common forms of malpractice include misdiagnosis, surgical mistakes, improper treatment, medication errors, birth injuries, and failures to obtain informed consent. Each of these actions, or inactions, can cause serious injury or death if not addressed appropriately.

Why Medical Malpractice Cases Are So Challenging

High Burden of Proof

Unlike other personal injury claims, medical malpractice cases must meet a high evidentiary threshold. Plaintiffs must demonstrate that the provider breached the standard of care and that the breach directly caused the injury.

Need for Medical Experts and Affidavit of Merit (AOM)

In New Jersey, medical malpractice lawsuits cannot proceed without an Affidavit of Merit. This affidavit must come from a licensed physician in the same specialty as the defendant and confirm that there is a reasonable basis to believe the provider deviated from the accepted standard of care. The affidavit must either be filed with the complaint or provided within 60 days after the defendant’s answer. Failure to comply with this requirement can result in automatic dismissal of the case.

Tort Claim Notice (TCN) Requirements

In certain cases, particularly when the defendant is a University Medical Center or an employee of such an institution, New Jersey law requires the filing of a Tort Claim Notice within 90 days of the incident. This notice alerts the institution of the pending claim. In rare, exceptional circumstances, a court may allow an extension of up to one year, but such motions are only granted sparingly. Because of this requirement, the statute of limitations in these cases can effectively be shortened to just 90 days from the date of the malpractice.

Statute of Limitations

Generally, the statute of limitations for filing a medical malpractice lawsuit in New Jersey is two years from the date of the malpractice—or from the date the injury should reasonably have been discovered. Special rules apply in cases involving minors, such as birth injuries, where the deadline may extend to the child’s eighth birthday. Prompt consultation with an attorney is essential to preserve your rights.

How Liability Is Proven in NJ Medical Malpractice Cases

Establishing the Doctor-Patient Relationship

You must first show that a formal doctor-patient relationship existed, meaning the provider agreed to treat you, and you consented to treatment.

Proving a Breach of the Standard of Care

Expert testimony is used to establish what a competent provider in the same field would have done and how the defendant’s actions deviated from this standard.

Demonstrating Causation

There must be a clear link between the breach and your injury. If the injury could have occurred despite appropriate care, the case may be difficult to win.

Documenting Damages

You must provide evidence of harm, which could include physical injury, emotional suffering, loss of income, additional medical expenses, or death.

Areas of Medical Malpractice We Handle

1. Surgical Errors

Surgical errors are among the most serious types of medical malpractice, often resulting in permanent injury, disability, or death. These errors can include operating on the wrong body part, performing the wrong procedure, injuring surrounding organs or nerves, or leaving foreign objects like sponges or instruments inside the body. In some cases, poor surgical planning, lack of informed consent, or failure to recognize complications during surgery contributes to patient harm. Our firm investigates these incidents with the help of surgical experts to determine if a breach in the standard of care occurred and to pursue the compensation our clients deserve for additional surgeries, lost income, pain, and emotional trauma.

2. Birth Injuries

Birth injuries caused by medical negligence can have lifelong consequences for both the child and the parents. Common injuries include cerebral palsy, brachial plexus injuries, skull fractures, and brain damage due to oxygen deprivation. These conditions often arise from errors in fetal monitoring, failure to perform a timely cesarean section, improper use of forceps or vacuum devices, or delayed response to signs of distress. Our attorneys understand the emotional toll of birth injuries and work to hold obstetricians, delivery nurses, and hospitals accountable for errors during labor, delivery, and neonatal care.

3. Cancer Misdiagnosis

A delayed or missed diagnosis of cancer can cost patients critical treatment time and drastically reduce survival chances. Whether due to misreading a biopsy, failing to order appropriate tests, or ignoring patient complaints, the failure to diagnose cancer in a timely manner can be grounds for a malpractice claim. We represent clients who were diagnosed with cancer too late or were treated for the wrong condition, resulting in avoidable suffering or progression of disease. Our firm consults with oncologists, pathologists, and diagnostic imaging experts to identify how and when the mistake occurred and the difference earlier intervention could have made.

4. Emergency Room Errors

Emergency departments are fast-paced environments where split-second decisions are necessary—but even under pressure, medical providers are required to uphold basic standards of care. Mistakes in ER settings can include failing to properly triage a patient, misdiagnosing a heart attack or stroke, discharging a patient prematurely, or neglecting to order essential tests. These errors can have fatal consequences if not caught in time. We help patients and families pursue claims against emergency room staff and hospital systems when negligence results in serious or irreversible harm.

5. Hospital Negligence

Hospitals are responsible for maintaining safe conditions, adequate staffing levels, and ensuring that policies and procedures are followed throughout the facility. When hospital systems fail—whether through administrative errors, poor training, failure to monitor staff, or unsanitary conditions—patients suffer. Hospital negligence claims can involve issues such as improper patient supervision, unclean surgical environments, infections acquired during hospital stays, and failures in emergency response protocols. We hold both individual staff and hospital administrators accountable for systemic failures that lead to patient injuries.

6. Anesthesia Errors

Administering anesthesia is a highly sensitive and critical component of many medical procedures. Errors can include administering too much or too little anesthesia, failure to recognize allergic reactions, improper monitoring of vital signs, and delaying resuscitation or intervention during complications. Anesthesia malpractice can result in oxygen deprivation, brain damage, stroke, or death. These cases often involve anesthesiologists, nurse anesthetists, and surgical teams. Our attorneys work with anesthesia experts to analyze records and determine whether appropriate safety measures were followed.

7. Nursing Negligence

Nurses play a central role in patient care, often being responsible for administering medication, monitoring vital signs, updating charts, and communicating with physicians. When nurses fail in these duties—such as by giving the wrong medication, ignoring signs of deterioration, or failing to follow protocols—serious harm can occur. We pursue claims against nurses and hospital employers when negligent nursing care leads to injury, infection, delayed diagnosis, or worsened health outcomes. Our team investigates staffing levels, communication protocols, and nurse-to-patient ratios to identify where the breach occurred.

8. Failure to Monitor

Continuous monitoring is essential in hospitals, particularly for patients in critical care, under sedation, or recovering from surgery. When medical professionals fail to monitor changes in vital signs, oxygen levels, or consciousness—and fail to respond appropriately—serious injuries or death can result. Common consequences include respiratory failure, cardiac arrest, and preventable complications that escalate quickly. These failures often reflect breakdowns in communication between staff or overworked healthcare providers. Our attorneys evaluate electronic health records, monitor logs, and staffing schedules to determine liability and demand accountability.

Common Injuries Caused by Medical Negligence

Catastrophic Injuries

These include paralysis, brain damage, internal bleeding, and organ failure, often requiring lifelong care and reducing the patient’s quality of life.

Permanent Disability

Some patients lose mobility or cognitive function due to surgical or diagnostic errors. Others may suffer chronic pain or be unable to return to work.

Death and Wrongful Death

In the most tragic cases, medical errors result in the patient’s death. Families are then entitled to pursue wrongful death claims on their loved one’s behalf.

Filing a Medical Malpractice Claim in New Jersey

Initial Consultation and Investigation

The process begins with a confidential consultation, during which we review your medical records, treatment history, and potential damages.

Expert Review and Affidavit of Merit

We retain independent, board-certified experts to analyze the care you received. Their opinion supports the required affidavit of merit.

Filing the Lawsuit

We draft and file your complaint in court and serve all responsible parties, initiating the legal process.

Discovery and Expert Depositions

Both sides exchange evidence. We conduct depositions of medical staff, administrators, and experts to build a solid case.

Trial or Settlement

Most malpractice cases settle before trial. If not, our attorneys are prepared to present a strong case before a jury.

Damages You May Recover in a Malpractice Lawsuit

Medical Expenses

This includes the cost of corrective surgeries, rehabilitation, hospital stays, medication, and any future care required due to the injury.

Lost Income and Earning Capacity

If your injury prevents you from working or limits your ability to earn, you may be compensated for those economic losses.

Pain and Suffering

Compensation for emotional distress, physical pain, and diminished enjoyment of life is often awarded in successful claims.

Wrongful Death Damages

Surviving family members may receive damages for funeral costs, loss of companionship, lost financial support, and emotional suffering.

How The Law Office of Miller & Gaudio PC Supports You

Strategic Legal Guidance

We guide you through each phase of your case, explaining the law in understandable terms while preparing you for what to expect.

Top Medical Experts

We partner with some of the most respected medical professionals in New Jersey and nationally to provide expert testimony and insight.

Aggressive Representation

Our attorneys prepare every case as if it will go to trial, using that preparation as leverage in negotiations or litigation.

Transparent Communication

We prioritize honest, frequent updates, so you always know the status of your case and what we are doing to protect your interests.

Frequently Asked Questions About Medical Malpractice in New Jersey

What qualifies as medical malpractice?

Medical malpractice occurs when a healthcare provider deviates from the accepted standard of care, resulting in harm to the patient. This may involve misdiagnosis, surgical mistakes, medication errors, birth injuries, or failure to provide appropriate treatment. Not every medical mistake qualifies as malpractice—there must be proof that the provider’s negligence directly caused your injury.

How do I know if I have a valid medical malpractice claim?

You may have a valid claim if you suffered an injury that could have been avoided had a medical provider acted competently. We offer free consultations to review your records, assess whether negligence occurred, and determine if your case meets the legal standards for filing a malpractice claim.

How long do I have to file a medical malpractice lawsuit in New Jersey?

Under New Jersey law, you generally have two years from the date of injury—or from when the injury should have reasonably been discovered—to file a medical malpractice lawsuit. For minors, especially in birth injury cases, the timeline may extend until the child’s eighth birthday. Prompt legal review is essential to avoid missing these deadlines.

What is an affidavit of merit, and why is it required?

In New Jersey, medical malpractice lawsuits must include an affidavit of merit—a sworn statement from a qualified medical expert in the same specialty as the defendant. This affidavit confirms that there is a reasonable probability that the provider’s actions fell below the standard of care. It is a mandatory requirement to proceed with a case.

Who can be held liable for medical malpractice?

Liability can extend to doctors, surgeons, nurses, anesthesiologists, pharmacists, and even the hospitals or healthcare systems employing them. In some cases, multiple parties share responsibility for the harm caused. Our legal team conducts a full investigation to identify and hold all liable parties accountable.

Can I sue a hospital for negligence?

How do I prove a doctor made a mistake?