Medical Malpractice Lawyers in Union, NJ

Medical Malpractice Lawyers in Union, NJ

When a physician, nurse, or hospital in Union, NJ departs from the accepted standard of care and a patient is injured as a result, the law gives that patient the right to pursue compensation. Gencarelli & Rimassa Law Firm represents Union County families in medical malpractice claims against negligent healthcare providers, and we handle every case on a contingency basis, meaning there is no attorney fee unless we recover for you.

What Counts as Medical Malpractice

Not every poor outcome is malpractice. A claim requires proof that a healthcare provider owed you a duty of care, breached the accepted standard of care for their specialty, and that this failure directly caused your injury. The most common categories we see in Union and throughout Union County include:

• Diagnostic errors — a failure to diagnose or a delayed diagnosis of a serious condition, including cancer, stroke, and heart attack
• Surgical errors — wrong-site surgery, retained instruments, or avoidable post-operative complications
• Emergency room negligence — a missed diagnosis or delayed treatment during an emergency department visit, where time pressure does not excuse a failure to follow accepted protocols
• Medication and prescription errors — the wrong drug, the wrong dose, or a dangerous drug interaction that should have been caught
• Birth injuries — negligence during labor and delivery that harms mother or child
• Anesthesia errors — dosage mistakes or inadequate monitoring during a procedure

Proving the Standard of Care Was Breached

New Jersey malpractice claims turn on expert testimony. We work with qualified physicians in the relevant specialty to establish what a reasonably careful provider would have done under the same circumstances, and how your provider’s conduct fell short of that standard. New Jersey also requires an affidavit of merit early in the case — a sworn statement from a qualified expert confirming the claim has a reasonable basis — before it can proceed.

Insurance, Settlement, and What Your Case May Be Worth

Most New Jersey healthcare providers and hospitals carry malpractice insurance, and the insurance carrier — not the doctor personally — typically controls the defense and any settlement offer. Insurers routinely dispute liability and undervalue claims, particularly before a lawsuit is filed, which is why early representation matters. Depending on the facts, compensation may include past and future medical expenses, lost income, and pain and suffering. Most malpractice claims resolve through settlement negotiated with the insurer, though we prepare every case as if it will go to court, because a firm that will not try a case rarely negotiates from strength.

Time Limits on Your Claim

New Jersey generally requires a medical malpractice lawsuit to be filed within two years of the injury, though the discovery rule can extend that deadline where the injury was not, and reasonably could not have been, discovered right away. If the provider was employed by a public entity, such as a county hospital, a much shorter notice deadline may apply. Because these deadlines are unforgiving and fact-specific, it is worth having your situation reviewed as soon as possible rather than assuming you still have time.

Serving Union and Union County

We represent injured patients in Union and throughout Union County, including Elizabeth, Linden, Rahway, Westfield, Scotch Plains, Clark, and Cranford. If you or a family member was harmed by a healthcare provider’s error, contact Gencarelli & Rimassa Law Firm for a free, confidential consultation. Call (201) 549-8737, or reach out online to discuss what happened and what your options are.