Medical Malpractice Statistics in New Jersey – Sarno da Costa D’Aniello Maceri Webb LLC

When something goes wrong in a hospital, clinic, or doctor’s office, patients and their families may wonder if medical negligence played a part. From birth injuries to medication errors, medical malpractice is more common than many people realize, and proving a claim can be challenging. At Sarno da Costa D’Aniello Maceri Webb LLC, our experienced attorneys keep up on the latest medical malpractice statistics in New Jersey and throughout the U.S. Led by Paul M. da Costa, our medical malpractice team provides compassionate, tenacious legal advocacy that helps victims hold responsible parties accountable and protects their health and financial security.

What is Medical Malpractice?

Medical malpractice happens when a doctor or another healthcare professional or medical facility fails to adhere to the accepted standard of care and that deviation causes injury. The standard of care is what a reasonably prudent provider in the same specialty would have done under similar circumstances.

The Most Common Types of Medical Malpractice

Although every case is unique, medical malpractice statistics show that certain types are more prevalent. This includes:

Misdiagnosis or delayed diagnosis, which can cause serious harm or death, especially when cancer is involved.

Surgical mistakes, such as performing surgery at the wrong site and retained items in the body.

Medication errors, such as prescribing or dispensing the wrong drug or incorrect dosage.

Birth injuries, which can occur before, during, or after labor and delivery. This type of medical negligence can cause life-altering conditions like cerebral palsy and shoulder dystocia.

Anesthesia errors, such as administering too much or not enough anesthesia.

Hospital negligence, which may include emergency room care failures and secondary infections due to improper infection control.

Paul and his team have experience successfully handling numerous types of medical malpractice cases and have obtained significant settlements and verdicts for victims who have been harmed by medical negligence in New Jersey. We know how to handle complex medical malpractice lawsuits, such as those involving patients with special needs, claims against the VA, and more.

Medical Malpractice Statistics in New Jersey and the United States

Claims against physicians, hospitals, and other healthcare providers are not rare. The American Medical Association’s latest analysis found that 31.2% of doctors have been sued at least once.

The National Practitioner Data Bank (NPDB) tracks medical malpractice payments nationwide. While totals vary year to year, records show that hundreds of millions of dollars are paid in medical malpractice claims annually in the U.S.

According to an NPDB, in 2024, there were 644 medical malpractice payments, totaling about $349.98 million. These numbers place New Jersey among the states with higher incidence of medical malpractice claims relative to population. It’s important to note the NPDB medical malpractice statistics include only claims that are paid, not the total number of all claims and lawsuits filed.

Medical Malpractice Cases Require Compelling Evidence and Experienced Legal Counsel

A strong medical malpractice case is built on convincing evidence, which may include:

Medical records and Electronic Medical Record (EMR) audit logs, which provide a chronological record of all user actions within a patient’s electronic record.
Diagnostic data, such as imaging and lab results for blood work and biopsies
Hospital policies, credentialing information, and incident reports
Communication records, such as emails and private messages
Expert medical testimony comparing what occurred to what should have happened under the established standard of care
Witness testimony and other evidence that reflects how an injury has impacted a patient’s life

Our New Jersey medical malpractice lawyers know how to gather relevant evidence, build effective legal strategies, prove fault, and fight to hold medical providers and their insurers accountable. Paul and his team have a proven track record of success against hospitals. In particular, Paul took on one of New Jersey’s largest hospital systems and secured a precedent setting victory in the New Jersey Appellate Division in the case of Estate of Lasiw v. Hackensack University Medical Center. In this precedential decision, Paul was successful in arguing that patients have a right to obtain access to their full and complete electronic medical record (EMR), including metadata contained in the EMR audit trail/audit log. In addition, the Appellate Division agreed that Paul’s client had the right to have a forensic EMR expert conduct an inspection of the patient’s EMR. If a reasonable settlement can’t be reached, Paul and members of his team are certified civil trial attorneys who fight for your rights and interests in court. Paul is currently the Chair of the New Jersey Supreme Court’s Civil Certification Committee.

Elements of Proving Medical Malpractice

For a claim to be successful, your medical malpractice attorney must show:

That a duty of care was owed by the healthcare provider to the patient
That duty was breached because of a deviation from the standard of care
That the breach caused physical or psychological harm to a patient, such as physical pain and suffering, financial losses, and/or emotional distress

Understanding New Jersey Medical Malpractice Laws

There are strict procedures and laws that must be followed when filing a medical malpractice lawsuit in New Jersey. Our medical malpractice lawyers can evaluate your case, determine whether you have viable claim, and take swift action to help you pursue the compensation you need and deserve.

Affidavit of Merit

Before you can file a medical malpractice lawsuit in New Jersey, an affidavit of merit (AOM) must be filed within 60 days after the defendant files their formal response to your complaint. It must include a statement from a qualified medical expert that there is a reasonable probability that the care provided fell outside the acceptable standard of care. This medical professional must be in the same specialty as the defendant.

Failing to file an affidavit of merit may result in your case being dismissed with prejudice, which means you may lose your right to sue for damages. That’s why it’s vital to contact an experienced New Jersey medical malpractice attorney before filing a lawsuit. Our medical malpractice lawyers work with respected experts and ensure your AOM is filed in a timely manner.

Medical Malpractice Statue of Limitations in New Jersey

A medical malpractice lawsuit must be filed within two years of when an injury occurred. However, if injuries are not immediately apparent, the New Jersey discovery rule may apply. This means the two-year clock starts ticking when you knew or reasonably should have known that malpractice caused your injury, not necessarily the date of treatment. There are exceptions to these time limits, which may be extended in cases involving birth injuries and minors.

Understanding legal procedures and deadlines in medical malpractice cases can be complex, especially when an injury isn’t discovered right away or a loved one suffers a wrongful death. Making sure a medical malpractice attorney reviews your case as soon as possible can ensure you don’t miss any deadlines and your claim is properly filed.

Damages Caps in New Jersey Medical Malpractice Cases

New Jersey does not cap compensatory damages in medical malpractice cases. However, punitive damages are capped at $350,000 or five times the amount of economic and non-economic damages. Punitive damages are rarely awarded and are designed to punish the defendant and deter them from committing similar acts in the future.

How a Skilled New Jersey Medical Malpractice Attorney Can Help

Medical malpractice cases are some of the most complex personal injury claims in New Jersey. We know how to analyze medical information and have the resources to thoroughly investigate and utilize seasoned medical experts. Our team includes an “in-house doctor” who works closely with Paul da Costa in assessing the viability of a case, as well as crafting case theories regarding liability, causation, and damages.

Your medical malpractice lawyer will calculate damages that cover the full scope of your injuries, including the cost of future medical bills, lost wages and earning capacity, pain and suffering, and pain of consortium. Healthcare systems and insurers often use underhanded tactics to minimize payouts or deny claims. Paul and our team know how to counter their assertions and will not back down when negotiating on your behalf.

Our New Jersey medical malpractice lawyers have longstanding professional relationships with local judges, court staff, and other attorneys. We’ve earned a solid reputation for meticulously handling cases with compassion and tenacity.

Paul and members of his team are experienced attorneys who have been recognized by The Best Lawyers in America® as Tier 1 Personal Injury – Plaintiffs and Tier 1 Medical Malpractice – Plaintiffs law firm in New Jersey for 2020 through 2026. In addition, this highly respected peer-review publication named Paul “Lawyer of the Year” for Personal Injury Litigation – Plaintiffs and Medical Malpractice – Plaintiffs for 2025.

The National Law Journal selected Paul and his Medical Malpractice team as recipients of its prestigious 2022 Elite Trial Lawyers Awards in the medical malpractice category. In 2022, Paul was a finalist for New Jersey Law Journal Attorney of the Year.

In 2023, he was selected for the National Law Journal Trailblazers Plaintiff Lawyers. In 2024 and 2025, he was included on the NJBIZ Law Power 50 list, which recognizes the most influential men and women leading New Jersey’s legal profession. Paul was also chosen for the New Jersey Super Lawyers Top 100 list from 2020 – 2025.

Sarno da Costa D’Aniello Maceri Webb LLC was selected by their peers for inclusion in the Best Lawyers® Best Law Firms Regional Tier 1 – New Jersey, in the areas of:

Paul and 16 other attorneys at Sarno da Costa D’Aniello Maceri Webb LLC were also included in the 2026 edition of The Best Lawyers in America®.

Paul regularly lectures to other attorneys regarding the topics of medical malpractice and trial skills. In addition, Paul is the moderator of the New Jersey Institute on Continuing Legal Education’s (ICLE) annual Medical Malpractice Seminar. Our medical malpractice attorneys take cases on contingency, which means you won’t incur any upfront costs or pay attorneys’ fee unless we obtain compensation for you.

Contact an Experienced Medical Malpractice Attorney in New Jersey

If you or a loved one has been hurt by medical negligence, our team at Sarno da Costa D’Aniello Maceri Webb LLC can take the weight off your shoulders so you can focus on healing. To schedule a free, no-obligation consultation with Paul M. da Costa, contact us or call 973-561-8310. Our medical malpractice lawyers serve clients in several convenient locations near you in New Jersey, including Roseland, Bridgewater, Hackensack, Morristown, and Eatontown, NJ.

How Common is Medical Malpractice?