When medical negligence causes injury, the path forward feels uncertain. Brach Eichler Injury Lawyers helps patients and families in New Brunswick who have experienced medical malpractice pursue compensation for their losses. Our team of experienced attorneys understands the physical, emotional, and financial toll that medical errors can take. We investigate your case thoroughly, work with medical experts, and seek to hold healthcare providers accountable. With a free consultation and no fee unless we recover, you can focus on healing while we handle the legal work.
Why Choose Brach Eichler Injury Lawyers for Your Medical Malpractice Claim
When you’ve been harmed by medical negligence, you need an attorney who understands both the law and the medical issues involved. Brach Eichler Injury Lawyers brings decades of experience handling medical malpractice cases throughout New Jersey. Our firm has recovered millions for clients facing serious injuries and losses. We have a team of trial attorneys who focus on medical malpractice litigation. Our team works with medical professionals in various fields.
We work on a contingency fee basis, which means you pay no fee unless we recover compensation for you. This approach aligns our interests with yours since we succeed when you succeed. Learn more about Brach Eichler Injury Lawyers‘s approach by reviewing our case results and client testimonials.
What Constitutes Medical Malpractice in New Jersey
Medical malpractice occurs when a healthcare provider fails to meet the standard of care expected in their profession, and that failure causes injury. In New Jersey, the standard of care is what a reasonably competent healthcare provider would do under similar circumstances.
Not every bad outcome constitutes malpractice. Sometimes medical treatment fails despite a provider’s best efforts. However, when a provider acts negligently, such as failing to diagnose a condition, making a surgical error, prescribing the wrong medication, or failing to monitor a patient, that negligence can form the basis of a malpractice` claim.
New Jersey law requires that medical malpractice claims include an expert affidavit (N.J.S.A. §2A:53A-27). This affidavit must come from a qualified medical professional who can testify that the defendant’s conduct fell below the standard of care. The affidavit must be filed within 60 days following the defendant’s answer to the complaint, making timing important in these cases. The New Jersey Supreme Court has established strict procedural requirements for medical malpractice litigation.
Types of Medical Malpractice Cases We Handle
Medical errors can occur in many settings and take many forms. Our attorneys have handled cases involving:
- Surgical errors and wrong-site surgery
- Misdiagnosis and delayed diagnosis of serious conditions
- Medication errors and adverse drug reactions
- Anesthesia complications and overdose
- Birth injuries and obstetric negligence
- Hospital-acquired infections
- Failure to monitor patients or follow up on test results
- Improper treatment of fractures or injuries
- Failure to obtain informed consent
Each case is unique, and the specific circumstances determine the strength of your claim and the damages you may recover. If you’ve experienced any of these types of medical errors, contact Brach Eichler Injury Lawyers to discuss your situation.
Damages You May Recover
When medical malpractice causes injury, you may be entitled to recover several types of damages. Economic damages cover your actual financial losses: medical bills, lost wages, costs of future medical care, and rehabilitation expenses. These damages are calculated based on documented expenses and expert projections.
Non-economic damages compensate you for pain and suffering, emotional distress, loss of enjoyment of life, and other intangible harms. New Jersey does not cap compensatory damages, meaning there is no limit on what you can recover for economic and non-economic losses.
In cases involving gross negligence or reckless conduct, you may also recover punitive damages. These damages are designed to punish the defendant and deter similar conduct. New Jersey caps punitive damages at $350,000 or five times the compensatory damages awarded, whichever is greater.
Brach Eichler Injury Lawyers works with medical experts, vocational specialists, and economists to calculate compensation that reflects the full scope of your injuries and losses.
The Medical Malpractice Claim Process
Understanding the steps involved in a medical malpractice claim helps you know what to expect. The process begins with a free consultation where we listen to your story, review your medical records, and assess whether you have a viable claim.
Next, we conduct a thorough investigation. This includes obtaining your complete medical records, reviewing them with medical experts, and identifying where the standard of care was breached. We gather evidence such as hospital policies, treatment protocols, and expert opinions.
Once we have a clear picture of your case, we coordinate with medical professionals who can testify about the standard of care and how the defendant’s conduct fell short. Medical professionals play an important role in proving your claim.
We then attempt to negotiate a settlement with the defendant’s insurance company. Many cases resolve through settlement discussions. If settlement negotiations do not produce a fair result, we prepare your case for trial. This includes depositions, discovery, and trial preparation.
Throughout this process, we keep you informed and involved in decisions about your case.
Important Deadlines and Legal Requirements
Time is critical in medical malpractice cases. New Jersey law imposes a two-year statute of limitations (N.J.S.A. §2A:14-2), meaning you must file your lawsuit within two years of discovering the injury or when you reasonably should have discovered it. Missing this deadline can result in losing your right to sue.
Additionally, as mentioned earlier, you must file an expert affidavit within 60 days following the defendant’s answer to the complaint. This affidavit must be signed by a qualified medical professional and must establish that the defendant’s conduct fell below the standard of care. The New Jersey Board of Medical Examiners and New Jersey Bar Association provide resources for finding qualified medical professionals to support your claim.
These deadlines exist for important reasons, but they also create urgency. Waiting too long to consult with an attorney can jeopardize your case. Brach Eichler Injury Lawyers works to keep cases on track and address applicable procedural requirements.
Frequently Asked Questions
How long do I have to file a medical malpractice lawsuit in New Jersey?
You generally have two years from the date you discovered the injury (or reasonably should have discovered it) to file a lawsuit. This is called the statute of limitations. Some exceptions exist for minors or cases involving fraud, but the two-year window is the standard. Acting quickly is important because gathering evidence and preparing your case takes time.
What is the expert affidavit requirement?
New Jersey requires that you file an affidavit from a qualified medical professional within 60 days following the defendant’s answer to the complaint. This affidavit must state that the defendant’s conduct fell below the standard of care and that this breach caused your injury. Without this affidavit, your case can be dismissed. Brach Eichler Injury Lawyers coordinates with medical professionals to prepare this required document.
How much does it cost to hire a medical malpractice lawyer?
Brach Eichler Injury Lawyers works on a contingency fee basis. You pay no upfront fees and no attorney fees unless we recover compensation for you. If your case resolves through settlement or verdict, we receive a percentage of the recovery. This arrangement means you can pursue your claim without upfront legal fees.
What types of medical errors qualify as malpractice?
Medical malpractice includes errors in diagnosis, treatment, medication, surgery, and follow-up care. It also includes failure to obtain informed consent or failure to communicate important information to the patient. The key is whether the provider’s conduct fell below the standard of care expected in the medical profession.
How long does a medical malpractice case take?
The timeline varies depending on the circumstances of the case and whether it settles or goes to trial. Some cases resolve within a year or two through settlement. Others may take three to five years or longer if trial is necessary. Brach Eichler Injury Lawyers works to move your case forward while building a well-supported claim.
Can I recover damages for pain and suffering?
Yes. New Jersey allows recovery for non-economic damages, which include pain and suffering, emotional distress, and loss of enjoyment of life. These damages are in addition to economic damages for medical bills and lost wages. There is no cap on non-economic damages in New Jersey.
Contact Brach Eichler Injury Lawyers for a Free Consultation
If you or a loved one has been injured due to medical negligence in New Brunswick, do not wait. Call (973) 364-8300 today to schedule your free consultation with Brach Eichler Injury Lawyers. Our New Brunswick personal injury attorneys will review your case, answer your questions, and explain your options. We serve clients throughout New Jersey from our New Brunswick office located at 317 George Street, Suite 320, New Brunswick, NJ 08901.
Written by: Brach Eichler Injury Lawyers Last Updated : May 25, 2026We are the trial attorneys with the experience and knowledge to get you the results you deserve. At Brach Eichler Injury Lawyers, we take time to get to know you, as well as your case. We are committed to excellence. It is important for our team to understand your fears, concerns and expectations. We are always available to answer any questions, and are willing to come to you if you are unable to come to us.
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