Medical Malpractice in NJ & NY

Jeff Varcadipane

May 27, 2025

Medical Malpractice in New Jersey & New York: Key Insights and Your Rights

Medical malpractice can devastate lives, leaving patients in New Jersey and New York grappling with physical, emotional, and financial burdens. If you’ve been harmed by a healthcare provider’s negligence, partnering with an experienced medical malpractice lawyer is critical to securing justice. At Varcadipane & Pinnisi, PC, we specialize in helping victims in Hackensack, Paramus, and Newark navigate these complex cases. This guide provides key insights into medical malpractice, common cases, and your rights, empowering you to take action with a medical malpractice lawyer near you.

What is Medical Malpractice?

Medical malpractice occurs when a healthcare professional deviates from the accepted standard of care, causing harm to a patient. This could involve a doctor, nurse, or hospital failing to act with the competence expected in their field. In New Jersey and New York, proving malpractice requires showing that this breach directly led to injury or loss. A medical malpractice lawyer can assess whether your case meets these criteria, ensuring your claim is filed within New Jersey’s two-year or New York’s two-and-a-half-year statute of limitations.

Key Elements of a Medical Malpractice Claim

To win a medical malpractice lawsuit, four elements must be proven:

Duty of Care: The healthcare provider owes you a professional standard of care.
Breach of Duty: The provider failed to meet this standard through action or inaction.
Causation: This breach directly caused your injury or harm.
Damages: You suffered measurable losses, such as medical costs, lost wages, or pain and suffering.

A skilled medical malpractice lawyer near you, like us at Varcadipane & Pinnisi, PC, will gather evidence, such as medical records and expert testimony, to substantiate these elements in New Jersey or New York.

Common Types of Medical Malpractice Cases

Medical malpractice takes many forms, including:

Misdiagnosis or Delayed Diagnosis: Failing to identify conditions like cancer or heart disease in time.
Surgical Errors: Mistakes during surgery, such as operating on the wrong site or leaving instruments inside the patient.
Medication Errors: Prescribing incorrect drugs or dosages, leading to severe side effects.
Birth Injuries: Negligence during childbirth, causing harm to the mother or baby.

A medical mistake lawyer in New Jersey or New York can investigate these incidents to build a strong case.

Medical Negligence vs. Malpractice

While often used interchangeably, medical negligence and malpractice differ. Negligence refers to a provider’s failure to exercise reasonable care, such as overlooking a critical test result. Malpractice is a specific type of negligence where the breach violates the standard of care, causing harm. Medical liability encompasses both, holding providers accountable for damages. A malpractice attorney near you can clarify these distinctions and determine your case’s viability.

The Role of Medical Experts

Medical experts are pivotal in malpractice cases, establishing the standard of care and how it was breached. In New Jersey, an Affidavit of Merit from a qualified expert is required to proceed with a claim. These professionals analyze records, testify on your behalf, and quantify damages. Our medical malpractice lawyers at Varcadipane & Pinnisi, PC collaborate with top experts to strengthen your case in New Jersey or New York.

How to Recognize If You Have a Case

You may have a case if you experienced unexpected complications, a worsening condition, or harm due to a provider’s error. Signs include misdiagnosis, surgical mistakes, or inadequate follow-up care. Consult a medical mistake lawyer to review your medical records and assess whether negligence occurred. Early action is crucial, especially in New York, where strict deadlines apply.

The Legal Process for Medical Malpractice Claims

Pursuing a claim involves several steps:

Consultation: Meet with a medical malpractice lawyer near you to evaluate your case.
Investigation: Your attorney gathers medical records, witness statements, and expert opinions.
Filing the Claim: A formal complaint is filed, often requiring an Affidavit of Merit in New Jersey.
Discovery: Both sides exchange evidence, including depositions and interrogatories.
Negotiation or Trial: Most cases are settled, but a malpractice attorney near you may take the case to trial if needed.

Our team in Paramus guides you through each phase, ensuring a robust claim.

Your Rights as a Patient

As a patient, you have the right to competent care, informed consent, and access to your medical records. If these rights are violated, a medical malpractice lawyer can help you seek compensation for medical expenses, lost income, and pain and suffering. In New Jersey and New York, patients are protected by laws ensuring accountability for negligent providers.

Medical Malpractice Settlement Amounts

Settlement amounts vary based on injury severity, economic losses, and non-economic damage like pain and suffering. In New Jersey, settlements often range from $100,000 to several million, with high-profile cases exceeding $5 million for severe injuries like brain damage. New York settlements can be similar, depending on the case’s complexity. There’s no cap on compensatory damages in either state, but a medical mistake lawyer can estimate your potential recovery.

Preventing Medical Malpractice: Tips for Patients

To reduce your risk:

Ask Questions: Ensure you understand your diagnosis and treatment plan.
Seek Second Opinions: Confirm major diagnoses or procedures.
Keep Records: Maintain copies of your medical documents.
Choose Providers Wisely: Research credentials and reviews, especially in Hackensack or Newark.

A malpractice attorney near you can advise if you suspect negligence.

Navigating Medical Malpractice with Confidence

Medical malpractice cases in New Jersey and New York are complex, but with the right medical malpractice lawyer, you can secure the justice you deserve. At Varcadipane & Pinnisi, PC, we’re committed to fighting for victims in Paramus, Hackensack, and Newark. Don’t let negligent healthcare providers go unchallenged today.

Suspect medical malpractice? Contact Varcadipane & Pinnisi, PC at (866) 515-5769 for a free consultation. Our experienced medical malpractice lawyers are ready to help.

Visit our New Jersey Medical Malpractice Lawyer page to start your journey to justice.

For more information, explore MedlinePlus on patient safety or New Jersey’s patient rights .

Jeffrey W. Varcadipane

Jeffrey W. Varcadipane is a Certified Civil Trial Attorney by the Supreme Court of the State of New Jersey and a Founding Partner of the Firm. He handles a variety of matters including civil and commercial litigation, appellate practice, real estate, and business law.

University: J.D. Fordham Law School

Bar Number: 29472005

Locations: New Jersey, New York, and Florida.

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"Jeff Varcadipane is a star attorney. Works diligently and never gives up. He fights for your legal rights. "

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"I would like to personally thank our Attorneys Jeff and Noah at V&P, PC. They have always been completely transparent, dedicated, and hardworking -They have gone above and beyond to extend themselves for our matter. They come wit..."

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"Selecting the right law firm can be the difference between merely accepting a settlement and securing the highest possible compensation. Varcadipane & Pinnisi is not just any firm; they are a top-tier legal team known for their u..."

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"Incredible group of attorneys, paralegals and administrative staff that treat you like a person and not just a number. They truly care about your health and will provide you with incredible representation for the largest possible rec..."

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"Jeff and Dawn are both incredibly knowledgeable and caring attorneys who do the best for their clients. We all know that dealing with lawyers can sometimes be a challenge – I have personally used them and found my experiences t..."

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Anne Weimer Client
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Laura P. Client
"I couldn’t be more pleased with the service and expertise provided by V&P. Their dedication, attention to detail, and clear communication made a stressful situation much easier. They went above and beyond to ensure a positive o..."

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Jessica Larsen Client
"This firm is absolutely extraordinary. Who you choose to represent you makes a huge difference. I’m thankful they were able to represent me. "

Geff Tirabassi Client
"I highly recommend Varcadipane & Pinnisi to anyone seeking a skilled and professional law firm. Their team was exceptionally responsive and diligent when I faced an urgent issue after someone defaulted on a loan. After a previous..."

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"I have retained the attorneys at VARCADIPANE & PINNISI for personal and commercial matters and have always had a great experience. They are knowledgeable and excellent at communicating throughout the legal process. "

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Dan Pinnisi Friend
"The attorneys at Varcadipane & Pinnisi, PC are extremely knowledgeable on a wide range of legal matters and they work tirelessly to achieve the best results for their clients! "

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"Jeff Is the best lawyer in the entire world ! Not only was he fighting for me hard and firm bit he also is a genuine and caring person. I couldn’t be more grateful and thankful for him and the team ! Thank you for believing in ..."

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"From the very beginning, the team at Varcadipane & Pinnisi provided us with clear guidance, comprehensive strategies, and a sense of confidence that we were in the best possible hands. The thorough preparation and attention to de..."

Rob Scarcello Client
"Jeff Varcadipane helped and guided us through a tough dental office sale conflict. He is very professional, gives confidence to the client. I felt very confident with him being our atty. Would def recommend him!! "

Ghania Chohan Client
"I was completely satisfied from my first conversation with Jeff Varcadipane, he answered my questions with concise, intelligent solutions to my problem. My doubts that it could not be resolved were totally erased. I would highly reco..."

Sandra Cherry Client
"Sophia Soraya did a wonderful job winning our case. She made a hard process very easy to understand and we were very pleased. Her persistence and determination is unmatched and unlike that of the other firms who told us our case was ..."

Hanna Yafar Client
"A terrific firm that helped my family to successfully litigate a complex real estate fraud case. Great communication from the team throughout the entire process. Everyone involved was highly skilled, explained things clearly and appe..."

Robert J. Client
"Varcadipane & Pinnisi, P.C. were incredible to work with. Their attention to detail, knowledge, and responsiveness go unmatched. I highly recommend!!! "

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"My nearly 8 year long relationship with Varcadipane & Pinnisi as my legal counsel was nothing short of outstanding. Their dedication and hard work shone through every step of the way. Simply put, I was represented by my legal dre..."

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"Jeff Varcadipane did an excellent job winning my case, despite the constant hurdles and excess motions of the defense. His knowledge of every part of the law was very impressive. He and Dawn really cared about my case and constantly ..."

Scott Harding Client
"I had a great experience with Varcadipane & Pinnisi, P.C. law firm and would like to express my gratitude specifically to Ms. Sophia Soraya for her excellent legal assistance. I appreciate their professionalism and highly recomme..."

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Shadee Barkan Client
"Varcadipane and Pinnisi, P.C. has been an incredible partner in navigating risk and advising on the commercial structure of multiple businesses, while providing personal counsel for the last 15 years. "

Mike Caprio Client
"The entire team at VARCADIPANE & PINNISI, P.C. were fantastic to work with and achieved way more than expected. I had such a hard time finding and trusting a firm to work with based on the complexity of my case. The team at VARCA..."

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"We are extremely pleased with the exceptional legal services provided by Varcadipane & Pinnisi, P.C. Their professionalism, expertise, and dedication were evident throughout the entire process. I highly recommend their services t..."

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"Choosing this firm to represent my family and I was the best decision I could have made! They walked us through the process and were very professional, accessible and always explained everything in detail. Dawn and her team listened,..."

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"I cannot praise Varcadipane & Pinnisi, P.C. enough for their exceptional legal support, especially Mr. Varcadipane’s instrumental role in safeguarding my business. Before engaging their services, my business was operating w..."

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"Thank you to Dawn who work tirelessly throughout the time that we have the case open. She even helped to find ways to reduce the cost. She is very knowledgeable and easy to reach out to. Very fair and logical by providing whats best ..."

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"My name is John and my experience with Varcadipane and Pinnisi, P.C. was amazing from day one. The firm is very professional and very informative. Not all law firms are honest or easy to work with. With that said , once become a clie..."

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Anonymous Client
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Peer Review Birth Injury Attorney
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Peer Review Personal Injury Attorney
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Peer Review Car Accident Attorney
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Anonymous Client
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Peer Review Criminal Defense Attorney
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Peer Review Personal Injury Attorney

$5M

Medical Malpractice Settlement
view all case results
$4M

OPPRESSED MINORITY SHAREHOLDER
view all case results
$3.5M

Structured Settlement For Infant Injured At Birth
view all case results
$3.25M

settlement against a NYC medical practice and Physician’s Assistant
view all case results
$2.5M

Settlement for client injured in a truck accident
view all case results

What is Medical Malpractice?

Key Elements of a Medical Malpractice Claim

Common Types of Medical Malpractice Cases

Medical Negligence vs. Malpractice

The Role of Medical Experts

How to Recognize If You Have a Case

The Legal Process for Medical Malpractice Claims

Your Rights as a Patient

Medical Malpractice Settlement Amounts

Preventing Medical Malpractice: Tips for Patients

Navigating Medical Malpractice with Confidence

Jeffrey W. Varcadipane

Let Us Fight For You

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"These Lawyers are very very good. They help and we are very thankful. "

"This firm and Jeff’s team are a class act. They are highly knowledgeable with HOA laws. I look forward to working with them in the near future. Thank you! "

"Our cohort used this firm to help resolve a condominium HOA dispute, they were very professional, efficient, and knowledgeable. "

"Jeff Varcadipane is a star attorney. Works diligently and never gives up. He fights for your legal rights. "

"I am very pleased with their service. Mr. Jeff Varcadipane explained and analyzed the case in details. He and his team are very professional. "

"I would like to personally thank our Attorneys Jeff and Noah at V&P, PC. They have always been completely transparent, dedicated, and hardworking -They have gone above and beyond to extend themselves for our matter. They come wit..."

"Jeff, Noah, and the team… saved us over $260K in questionable assessments by a board that has shown to have unethical practices, provided voices for those censored by board members suspected of corruption. They’ve been instrument..."

"Selecting the right law firm can be the difference between merely accepting a settlement and securing the highest possible compensation. Varcadipane & Pinnisi is not just any firm; they are a top-tier legal team known for their u..."

"Timely efficient and highly knowledgeable about Home Owners Association laws. Highly-qualified, recommended. "

"I want to thank you for the excellent representation offered, very professional and honest. "

"Incredible group of attorneys, paralegals and administrative staff that treat you like a person and not just a number. They truly care about your health and will provide you with incredible representation for the largest possible rec..."

"Thank you Jeffrey and your team for helping solve legal issues! Amazing firm! "

"Jeff helped me personally and I couldn’t be happier with the professionalism and the result! Great team and terrific firm! "

"Jeff and Dawn are both incredibly knowledgeable and caring attorneys who do the best for their clients. We all know that dealing with lawyers can sometimes be a challenge – I have personally used them and found my experiences t..."

"I recently had the pleasure of working with Varcadipane & Pinnisi, and I can’t recommend them highly enough. From the initial consultation to the resolution of my case, the team was professional, knowledgeable, and incredib..."

"The team at Varcadipane & Pinnisi are the best! I had an excellent experience, as their team was not only knowledgeable but also highly responsive. They provided clear guidance throughout the process. Their professionalism and de..."

"Great experience with V&P! Everyone we worked with at the firm was top notch and provided great advice and service. Would highly recommend! "

"Excellent team of lawyers and staff. Their director of operations Jeremy was also very kind and considerate. "

"Highly recommend Varcadipane & Pinnisi for personal injury and civil litigation. They are an excellent group of people who really care about their clients and employees. Highly skilled attorneys and staff. Shout out to the operat..."

"Always great working with Varcadipane & Pinnisi they are very professional and get the job done. "

"The lawyers at this firm truly care about their clients and put 100% into their cases. I could not be more satisfied with the outcome of my case. "

"I couldn’t be more pleased with the service and expertise provided by V&P. Their dedication, attention to detail, and clear communication made a stressful situation much easier. They went above and beyond to ensure a positive o..."

"Fabulous team of attorneys. Trustworthy, responsive and professional "

"This firm is absolutely extraordinary. Who you choose to represent you makes a huge difference. I’m thankful they were able to represent me. "

"I highly recommend Varcadipane & Pinnisi to anyone seeking a skilled and professional law firm. Their team was exceptionally responsive and diligent when I faced an urgent issue after someone defaulted on a loan. After a previous..."

"I have retained the attorneys at VARCADIPANE & PINNISI for personal and commercial matters and have always had a great experience. They are knowledgeable and excellent at communicating throughout the legal process. "

"Very professional firm to work with. WONDERFUL people. "

"Great courteous people awesome to deal with. "

"Had great Experience with the firm. The attorneys as well as the staff are amazing. I would recommend them to anyone. "

"The attorneys at Varcadipane & Pinnisi, PC are extremely knowledgeable on a wide range of legal matters and they work tirelessly to achieve the best results for their clients! "

"The staff are very professional honest and accommodating. They deliver. I am very pleased and grateful. "

"Jeff Is the best lawyer in the entire world ! Not only was he fighting for me hard and firm bit he also is a genuine and caring person. I couldn’t be more grateful and thankful for him and the team ! Thank you for believing in ..."

"From the very beginning, the team at Varcadipane & Pinnisi provided us with clear guidance, comprehensive strategies, and a sense of confidence that we were in the best possible hands. The thorough preparation and attention to de..."

"Jeff Varcadipane helped and guided us through a tough dental office sale conflict. He is very professional, gives confidence to the client. I felt very confident with him being our atty. Would def recommend him!! "

"I was completely satisfied from my first conversation with Jeff Varcadipane, he answered my questions with concise, intelligent solutions to my problem. My doubts that it could not be resolved were totally erased. I would highly reco..."

"Sophia Soraya did a wonderful job winning our case. She made a hard process very easy to understand and we were very pleased. Her persistence and determination is unmatched and unlike that of the other firms who told us our case was ..."

"A terrific firm that helped my family to successfully litigate a complex real estate fraud case. Great communication from the team throughout the entire process. Everyone involved was highly skilled, explained things clearly and appe..."

"Varcadipane & Pinnisi, P.C. were incredible to work with. Their attention to detail, knowledge, and responsiveness go unmatched. I highly recommend!!! "

"My nearly 8 year long relationship with Varcadipane & Pinnisi as my legal counsel was nothing short of outstanding. Their dedication and hard work shone through every step of the way. Simply put, I was represented by my legal dre..."

"Jeff Varcadipane did an excellent job winning my case, despite the constant hurdles and excess motions of the defense. His knowledge of every part of the law was very impressive. He and Dawn really cared about my case and constantly ..."

"I had a great experience with Varcadipane & Pinnisi, P.C. law firm and would like to express my gratitude specifically to Ms. Sophia Soraya for her excellent legal assistance. I appreciate their professionalism and highly recomme..."

"Attorney Sophia Soraya and her firm were incredible. We couldn’t have been more impressed with their knowledge, care, and attention to detail. Your legal needs are in great hands with Varcadipane and Pinnisi, PC. "

"Varcadipane and Pinnisi, P.C. has been an incredible partner in navigating risk and advising on the commercial structure of multiple businesses, while providing personal counsel for the last 15 years. "

"The entire team at VARCADIPANE & PINNISI, P.C. were fantastic to work with and achieved way more than expected. I had such a hard time finding and trusting a firm to work with based on the complexity of my case. The team at VARCA..."

"We are extremely pleased with the exceptional legal services provided by Varcadipane & Pinnisi, P.C. Their professionalism, expertise, and dedication were evident throughout the entire process. I highly recommend their services t..."

"Choosing this firm to represent my family and I was the best decision I could have made! They walked us through the process and were very professional, accessible and always explained everything in detail. Dawn and her team listened,..."

"I cannot praise Varcadipane & Pinnisi, P.C. enough for their exceptional legal support, especially Mr. Varcadipane’s instrumental role in safeguarding my business. Before engaging their services, my business was operating w..."

"Thank you to Dawn who work tirelessly throughout the time that we have the case open. She even helped to find ways to reduce the cost. She is very knowledgeable and easy to reach out to. Very fair and logical by providing whats best ..."

"My name is John and my experience with Varcadipane and Pinnisi, P.C. was amazing from day one. The firm is very professional and very informative. Not all law firms are honest or easy to work with. With that said , once become a clie..."

"They say the reward is exponentially greater if you receive it when you least expect it. It sounds like a fairy tale happy ending, but it was made possible for my wife and me by the team at Varcadipane & Pinnisi, P.C. What starte..."

"I would highly recommend Varcadipane and Pinnisi, P.C. for the dedication to your individual case and your needs. They’re timely in response to your questions, they get you the answers you need, they are honest and reliable. We..."

"They are very good lawyers and they are very kind thanks for everything 😊😊 "

"It has truly been an incredible experience working with Ms. Sophia Soraya and the Varcadipane & Pinnisi, P.C. Law Firm. They have been extremely professional, diligent, and committed. Despite any challenges that appeared along th..."

"Sophia was amazing, as was her team. She was there for me through everything; super supportive and ensured I felt comfortable with every decision made. She never gave up and ultimately made a very challenging life event much easier t..."

"Jeff and his team were so helpful in solving our legal issue. Everyone was thorough and communicated every step of the process to us. We really appreciate everything they did and would highly recommend!! "

"I was very satisfied with Varcadipane & Pinnisi, P.C. They were professional and courteous in handling my case., which they handled with speed and brought a very favorable outcome to my case. I would whole heartily recommend to a..."

"Everyone at this law office is very courteous and professional. I was being kept in the loop at every step in the process, and we reached a satisfactory outcome. "

"The law firm lead by Mr. Varcadipane provided service that was first rate. From our first conversation, till the final settlement, this firm provided me a level of comfort and expertise which was second to none. I would surely recomm..."

"Dawn Pinnisi is a caring and responsible attorney who worked assiduously on my behalf. Highly recommend. "

"To be successful in a matter involving a business dispute requires an attorney who not only knows the law but who has spent significant time in the courtroom dealing with complex business litigation. Varcadipane & Pinnisi, P.C. i..."

"We Hired Varcadipane & Pinnisi, P.C. for a situation we had back In NJ last year with a moving company that did not do right by us, they were supposed to deliver our household goods from NJ to our new home in FL and instead took ..."

"Varcadipane & Pinnisi, P.C. were successful in negotiating our claim. Professional and knowledgeable. "

"I would like to start off by telling everyone at the firm how thankful I am for all who were involved in my case. I was always treated professionally, like family, kind, and considerate and with a friendly smile. Moreover, my experie..."

"Words can’t adequately express my gratitude to Dawn for taking on my medical malpractice case. At our first meeting Dawn had compassion for I went through and took the time to listen to everything I had to say. Throughout the e..."

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