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Best Medical Malpractice Lawyers in Camden

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Archer logo
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Archer

33 East Euclid Avenue, Haddonfield, NJ 08033
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Business Description

Founded in 1928, Archer provides legal services to clients seeking a medical malpractice attorney near Camden. Archer defends doctors, hospitals, nursing homes, assisted living facilities, and health care providers facing charges of negligence, abuse, violation of patient rights, and noncompliance with HIPPA regulations. Archer also represents plaintiffs in medical and nursing home malpractice cases that involve incorrect medications and neglect. Archer's paralegal staff includes experienced insurance adjusters, licensed private detectives, and nursing personnel.

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We scour the internet for reviews from well-known resources. Each provider is evaluated based on the quality and quantity of their reviews, their presence on multiple review sites, and their average minimum rating.
4.3
Facebook
5.0 / 5 (5)

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We hire mystery shoppers to call our providers anonymously and evaluate them. Providers who respond quickly, answer questions thoroughly, and communicate politely score higher.
4.0
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Brown, Novick & McKinley Attorneys at Law logo
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Brown, Novick & McKinley Attorneys at Law

38 North Broad Street, Woodbury, NJ 08096
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  • Wrongful Death

Business Description

Brown, Novick & McKinley, Attorneys at Law, is a personal injury-focused practice with over 80 years of collective experience. It advocates for victims of medical malpractice throughout Camden so they can obtain compensation for injuries or wrongful death. The law firm handles cases that involve surgical, medication, and birth delivery errors, misdiagnosis, or lack of informed consent. Scott C. McKinley, its medical malpractice attorney, is an American Association of Justice member. His legal experience includes litigating across nine states and overseas in Canada.

Reputation:

We scour the internet for reviews from well-known resources. Each provider is evaluated based on the quality and quantity of their reviews, their presence on multiple review sites, and their average minimum rating.
5.0
Google
5.0 / 5 (11)
Facebook
5.0 / 5 (1)
Avvo
5.0 / 5 (1)

Professionalism:

We hire mystery shoppers to call our providers anonymously and evaluate them. Providers who respond quickly, answer questions thoroughly, and communicate politely score higher.
5.0
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Cuneo & Leonetti Attorneys at Law logo
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Cuneo & Leonetti Attorneys at Law

885 Haddon Ave., Collingswood, NJ 08108
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  • Wrongful Death

Business Description

Cuneo & Leonetti, Attorneys at Law, handles medical malpractice claims in Camden and the surrounding communities. It assists victims in recovering compensation for lost wages, hospital expenses, continued therapies, and pain and suffering caused by pharmaceutical errors, delivery room carelessness, and surgical mistakes. Its attorneys collaborate with medical experts to help them prove the liability of at-fault parties. Partner David K. Cuneo is a member of the American Trial Lawyers Association of New Jersey and is admitted to practice before the U.S. Supreme Court.

Reputation:

We scour the internet for reviews from well-known resources. Each provider is evaluated based on the quality and quantity of their reviews, their presence on multiple review sites, and their average minimum rating.
4.6
Google
4.6 / 5 (20)
Facebook
5.0 / 5 (1)

Professionalism:

We hire mystery shoppers to call our providers anonymously and evaluate them. Providers who respond quickly, answer questions thoroughly, and communicate politely score higher.
5.0
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Dennin Legal logo
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Dennin Legal

5709 Westfield Avenue, Pennsauken, NJ 08110
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  • Wrongful Death
  • Medical Malpractice
  • Personal Injury

Business Description

Dennin Legal is a law firm that serves clients in Camden. It assists clients who have been injured due to the negligence of medical personnel and facilities in pursuing fair compensation for medical bills, pain and suffering, and disability or disfigurement. The firm handles personal injury cases that cover premises liability, slips and falls, and car accidents. Founding attorney Michael J. Dennin has been representing clients for more than 10 years. His firm also provides interpreter services for its Spanish-speaking clients.

Reputation:

We scour the internet for reviews from well-known resources. Each provider is evaluated based on the quality and quantity of their reviews, their presence on multiple review sites, and their average minimum rating.
5.0
Google
5.0 / 5 (16)
Avvo
5.0 / 5 (12)
Facebook
5.0 / 5 (1)

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Professionalism:

We hire mystery shoppers to call our providers anonymously and evaluate them. Providers who respond quickly, answer questions thoroughly, and communicate politely score higher.
5.0
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Flynn & Associates, P.C logo
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Flynn & Associates, P.C

2000 Academy Drive, Suite 200, Mount Laurel, NJ 08054
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  • Birth Injuries
  • Misdiagnosis of Illness
  • Surgical Mistakes

Business Description

Flynn & Associates, P.C. represents Camden clients in a variety of personal injury law matters, including medical malpractice cases. The firm represents patients who have been injured as a result of improper medication or misdiagnosis. Its team assists victims in filing claims against negligent medical practitioners and institutions in order to obtain the compensation they are due. Thomas Flynn III, the firm's founding shareholder, has over 30 years of litigation experience. In Philadelphia, he recovered a $1 million medical malpractice settlement involving ER negligence.

Reputation:

We scour the internet for reviews from well-known resources. Each provider is evaluated based on the quality and quantity of their reviews, their presence on multiple review sites, and their average minimum rating.
3.9
Google
3.9 / 5 (58)

Professionalism:

We hire mystery shoppers to call our providers anonymously and evaluate them. Providers who respond quickly, answer questions thoroughly, and communicate politely score higher.
5.0
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Ginsberg & O'Connor logo
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Ginsberg & O'Connor

1950 Marlton Pike E. Suite 100, Cherry Hill, NJ 08003
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  • Medical Malpractice

Business Description

Ginsberg & O'Connor, P.C. is a law firm that provides legal assistance to individuals and families in Camden and nearby areas. It offers representation to the victims in medical malpractice lawsuits. Its team of attorneys handles different cases, including birth injuries, surgical errors, emergency room malpractice, radiology errors, and misdiagnosis. They help patients and their family members recover fair compensation for the injuries and damages caused by the negligence of healthcare providers. One of the firm's notable cases involved a $5 million jury verdict for delayed diagnosis.

Reputation:

We scour the internet for reviews from well-known resources. Each provider is evaluated based on the quality and quantity of their reviews, their presence on multiple review sites, and their average minimum rating.
4.9
Yelp
4.9 / 5 (36)
Facebook
5.0 / 5 (3)
Google
5.0 / 5 (1)

Professionalism:

We hire mystery shoppers to call our providers anonymously and evaluate them. Providers who respond quickly, answer questions thoroughly, and communicate politely score higher.
5.0
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Ginsburg & Associates logo
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Ginsburg & Associates

8000 Sagemore Drive Suite 8302, Marlton, NJ 08053
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  • Medical Malpractice

Business Description

Serving Camden, Ginsburg & Associates is a team of trial attorneys with over 40 years of combined legal experience. Its practice covers medical malpractice. The lawyers represent clients in cases involving hospital negligence, false diagnosis, medication errors, and birth injuries. They also advocate for victims of dental malpractice. Bruce Martin Ginsburg, the firm's founding partner, is an appointed Judge Pro Tem in the Philadelphia court system. The longtime Philadelphia Trial Lawyers Association board member has conducted lectures for fellow personal injury attorneys in the state.

Reputation:

We scour the internet for reviews from well-known resources. Each provider is evaluated based on the quality and quantity of their reviews, their presence on multiple review sites, and their average minimum rating.
5.0
Facebook
5.0 / 5 (3)

Professionalism:

We hire mystery shoppers to call our providers anonymously and evaluate them. Providers who respond quickly, answer questions thoroughly, and communicate politely score higher.
5.0
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Hark & Hark logo
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Hark & Hark

1101 Marlton Pike West, Cherry Hill, NJ 08002
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  • Medical Malpractice
  • Personal Injury

Business Description

Hark & Hark is a multi-practice firm that serves families and businesses in Camden. It handles personal injury and workers' compensation cases, in addition to civil, criminal, and family law. Its primary associate, Jeffrey Hark, takes on personal injury claims that involve medical malpractice, DUI injuries, animal attacks, and slip and fall. He represents individuals who attained injuries or illnesses due to the negligence of medical professionals. Hark helps victims recover compensation for the injuries and damages they sustain.

Reputation:

We scour the internet for reviews from well-known resources. Each provider is evaluated based on the quality and quantity of their reviews, their presence on multiple review sites, and their average minimum rating.
4.8
Avvo
5.0 / 5 (169)
FindLaw
5.0 / 5 (2)

Professionalism:

We hire mystery shoppers to call our providers anonymously and evaluate them. Providers who respond quickly, answer questions thoroughly, and communicate politely score higher.
5.0
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Kline & Specter, PC logo
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Kline & Specter, PC

457 Haddonfield Road, Cherry Hill, NJ 08002
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Business Description

Kline & Specter, PC has medical malpractice lawyers who have been serving clients in Camden and nearby areas for more than 25 years. The firm's litigation team includes five full-time physicians with experience in litigating medical malpractice cases. They handle various matters that include missed or delayed diagnoses, birth injuries, fertility procedures, wrong-site surgeries, and defective medical products. Among its high-profile cases, Kline & Specter, PC has won a $100 million verdict on behalf of a baby who suffered severe brain damage.

Reputation:

We scour the internet for reviews from well-known resources. Each provider is evaluated based on the quality and quantity of their reviews, their presence on multiple review sites, and their average minimum rating.
4.6
Facebook
4.7 / 5 (25)

Professionalism:

We hire mystery shoppers to call our providers anonymously and evaluate them. Providers who respond quickly, answer questions thoroughly, and communicate politely score higher.
5.0
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Laffey, Bucci & Kent’s Cherry Hill, NJ logo
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Laffey, Bucci & Kent’s Cherry Hill, NJ

1040 Kings Highway North, Suite 600, Cherry Hill, NJ 08034
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  • Misdiagnosis of Illness
  • Medical Malpractice
  • Birth Injuries

Business Description

Laffey, Bucci & Kent’s Cherry Hill, NJ, represents clients in medical malpractice cases. Serving Camden and the neighboring communities, the firm takes cases against hospitals, drug companies, and medical laboratories, representing clients who have experienced injury or loss from medical errors, misdiagnosis, and failure to treat. It represents victims and their families in obtaining fair compensation for damages incurred such as furthered medical bills, lost wages, and out-of-pocket expenses. Firm founder Jeffrey Laffey has recovered millions of dollars for clients in various personal injury claims.

Reputation:

We scour the internet for reviews from well-known resources. Each provider is evaluated based on the quality and quantity of their reviews, their presence on multiple review sites, and their average minimum rating.
4.7
Google
4.5 / 5 (182)
Facebook
4.5 / 5 (57)
Yelp
1.0 / 5 (1)

Professionalism:

We hire mystery shoppers to call our providers anonymously and evaluate them. Providers who respond quickly, answer questions thoroughly, and communicate politely score higher.
5.0
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Law Offices of Mark S. Guralnick logo
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Law Offices of Mark S. Guralnick

923 Haddonfield Rd #300, Cherry Hill, NJ 08002
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  • Wrongful Death
  • Medical Malpractice
  • Personal Injury
  • Birth Injuries
  • Nursing Home Neglect

Business Description

The Law Offices of Mark S. Guralnick provides legal guidance and representation to clients in the Camden metro and the surrounding areas. It handles a wide range of medical malpractice claims, such as emergency room and surgical errors, misdiagnosis, nursing home negligence, treatment delays, and wrongful death. Bedsores, birth injuries, hospital medication mistakes, infections, and orthopedic mishaps are also covered. Mark S. Guralnick, the lead attorney, is certified in malpractice law by the American Board of Professional Liability Attorneys.

Reputation:

We scour the internet for reviews from well-known resources. Each provider is evaluated based on the quality and quantity of their reviews, their presence on multiple review sites, and their average minimum rating.
4.6
Avvo
4.8 / 5 (75)
Google
4.3 / 5 (26)
Facebook
4.5 / 5 (17)

Professionalism:

We hire mystery shoppers to call our providers anonymously and evaluate them. Providers who respond quickly, answer questions thoroughly, and communicate politely score higher.
4.0
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Law Offices of Vincent J. Ciecka logo
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Law Offices of Vincent J. Ciecka

5709 Westfield Avenue, Pennsauken Township, NJ 08110
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Business Description

The Law Offices of Vincent J. Ciecka is a law firm that's represented injured victims in Camden since 1976. Its attorneys are equipped with sufficient resources to protect the rights of victims who've suffered catastrophic injuries resulting from errors in medical procedures or medication. They ensure doctors who fail to obtain patients' informed consent are held liable for the harm suffered. The firm also helps family members to recover medical and funeral expenses in wrongful death cases.

Reputation:

We scour the internet for reviews from well-known resources. Each provider is evaluated based on the quality and quantity of their reviews, their presence on multiple review sites, and their average minimum rating.
5.0
Facebook
5.0 / 5 (14)

Professionalism:

We hire mystery shoppers to call our providers anonymously and evaluate them. Providers who respond quickly, answer questions thoroughly, and communicate politely score higher.
5.0
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Lundy Law logo
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Lundy Law

1040 North Kings Highway, Suite 305, Cherry Hill, NJ 08034
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  • Wrongful Death

Business Description

The Lundy Law assists clients in Camden and neighboring regions. It works to bring justice to those who suffered harm or lost their lives resulting from the mistakes committed or negligence by medical professionals. Its attorneys negotiate on behalf of victims, helping them receive the compensation they deserve. They have won over half a billion dollars in client settlements and verdicts. Leonard Lundy, the firm's managing partner and lead attorney, was recognized as one of the Top 100 National Trial Lawyers in 2020.

Reputation:

We scour the internet for reviews from well-known resources. Each provider is evaluated based on the quality and quantity of their reviews, their presence on multiple review sites, and their average minimum rating.
3.9
Google
3.8 / 5 (20)
Facebook
5.0 / 5 (1)

Professionalism:

We hire mystery shoppers to call our providers anonymously and evaluate them. Providers who respond quickly, answer questions thoroughly, and communicate politely score higher.
5.0
Responsiveness
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Detail
Malamut & Associates LLC Attorneys at Law logo
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Malamut & Associates LLC Attorneys at Law

457 Haddonfield Road Suite 500, Cherry Hill, NJ 08002
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  • Misdiagnosis of Illness

Business Description

Malamut & Associates LLC, Attorneys at Law, represents individuals and businesses in Camden in multiple practice areas. The law firm takes an aggressive and collaborative approach to representation in order to obtain the maximum compensation that victims of medical malpractice deserve. Its attorneys handle personal injury cases involving auto collisions, aviation accidents, and nursing home abuse. They also provide counsel and representation in the areas of family, labor, employment, and criminal law. Managing attorney Adam S. Malamut is a New Jersey Association for Justice member.

Reputation:

We scour the internet for reviews from well-known resources. Each provider is evaluated based on the quality and quantity of their reviews, their presence on multiple review sites, and their average minimum rating.
4.9
Google
4.9 / 5 (315)
Avvo
5.0 / 5 (34)

Professionalism:

We hire mystery shoppers to call our providers anonymously and evaluate them. Providers who respond quickly, answer questions thoroughly, and communicate politely score higher.
5.0
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Detail
Richard J. Hollawell & Associates, LLC logo
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Richard J. Hollawell & Associates, LLC

121 Saratoga Lane, Woolwich Twp, NJ 08085
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  • Wrongful Death
  • Medical Malpractice
  • Personal Injury
  • Nursing Home Neglect

Business Description

Serving Camden and the nearby communities, Richard J. Hollawell & Associates, LLC is a private practice that has been representing individuals and families in medical malpractice claims since 2001. It handles cases against healthcare providers who failed to meet the standard of care and as a result, caused harm to patients in situations involving incorrect treatments, misdiagnoses, surgical errors, and failure to timely treat a condition or illness. Richard Hollawell has been featured on media outlets such as 20/20, Nightline, and The Wall Street Journal.

Reputation:

We scour the internet for reviews from well-known resources. Each provider is evaluated based on the quality and quantity of their reviews, their presence on multiple review sites, and their average minimum rating.
5.0
Google
4.9 / 5 (10)
Avvo
5.0 / 5 (2)
Yelp
5.0 / 5 (1)
Rosengard Law Group logo
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Rosengard Law Group

496 Kings Highway North Suite 220B, Cherry Hill, NJ 08034
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  • Wrongful Death
  • Birth Injuries

Business Description

Rosengard Law Group assists the residents of Camden who have causes of action arising from medical malpractice. The firm seeks compensation from negligent medical professionals who have caused physical injuries and wrongful death. It obtains damages for physical and emotional trauma due to mistaken diagnoses and surgical errors. The group connects its clients with healthcare personnel to give them proper treatment and therapy following the commission of a tort. The office also tackles legal matters related to vehicular accidents.

Reputation:

We scour the internet for reviews from well-known resources. Each provider is evaluated based on the quality and quantity of their reviews, their presence on multiple review sites, and their average minimum rating.
5.0
Google
5.0 / 5 (40)

Professionalism:

We hire mystery shoppers to call our providers anonymously and evaluate them. Providers who respond quickly, answer questions thoroughly, and communicate politely score higher.
5.0
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Rossetti DeVoto Medori & Baxter, PC logo
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Rossetti DeVoto Medori & Baxter, PC

20 Brace Road Suite 115, Cherry Hill, NJ 08034
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  • Medical Malpractice

Business Description

Rossetti, DeVoto, Medori, & Baxter, PC is a corporation composed of personal injury lawyers who fight for the rights of those who have been seriously injured. The attorneys represent the victims of medical malpractice in Camden and other nearby cities. Being in the legal services industry for more than 25 years, they have provided professional assistance for clients to recover from the damages caused by medical malpractice. They cover cases such as birth injuries, surgical errors, and delayed diagnosis.

Reputation:

We scour the internet for reviews from well-known resources. Each provider is evaluated based on the quality and quantity of their reviews, their presence on multiple review sites, and their average minimum rating.
5.0
Google
5.0 / 5 (52)
Avvo
5.0 / 5 (4)

Professionalism:

We hire mystery shoppers to call our providers anonymously and evaluate them. Providers who respond quickly, answer questions thoroughly, and communicate politely score higher.
5.0
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Saltz Mongeluzzi & Bendesky logo
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Saltz Mongeluzzi & Bendesky

8000 Sagemore Drive Suite 8303, Marlton, NJ 08053
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  • Pharmacist Malpractice
  • Emergency Room Negligence

Business Description

Saltz Mongeluzzi & Bendesky has been providing legal services to individuals dealing with personal injury cases, such as medical negligence, in Camden since 1998. The law office makes claims on the client's behalf and works with experts to back up such claims. It also takes cases to trial if needed. Its malpractice lawyers handle various clinical care issues, including delayed diagnosis of grave medical conditions, birth trauma injuries to either mother or child, hospital negligence, and drug prescription or administration errors.

Reputation:

We scour the internet for reviews from well-known resources. Each provider is evaluated based on the quality and quantity of their reviews, their presence on multiple review sites, and their average minimum rating.
4.0
Google
4.1 / 5 (22)
Yelp
3.0 / 5 (2)

Professionalism:

We hire mystery shoppers to call our providers anonymously and evaluate them. Providers who respond quickly, answer questions thoroughly, and communicate politely score higher.
4.0
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Sciolla Law Firm logo
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Sciolla Law Firm

100 S Broad St. Suite 1910, Camden, NJ 19110
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  • Pharmacist Malpractice

Business Description

Sciolla Law Firm represents individuals in Camden who are struggling with injuries from incidents caused by someone else's negligence, such as motor vehicle accidents, medical malpractice, and slips and falls. The firm helps victims fully recover by providing them with medical professionals for treatments, establishing the liability of the at-fault parties, and pursuing compensation for the client's significant health care bills and long recovery periods. Principal attorney Andrew Sciolla has been fighting for the rights of injured clients for over a decade.

Reputation:

We scour the internet for reviews from well-known resources. Each provider is evaluated based on the quality and quantity of their reviews, their presence on multiple review sites, and their average minimum rating.
4.5
Facebook
4.5 / 5 (57)

Professionalism:

We hire mystery shoppers to call our providers anonymously and evaluate them. Providers who respond quickly, answer questions thoroughly, and communicate politely score higher.
5.0
Responsiveness
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Weiss & Paarz logo
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Weiss & Paarz

923 Haddonfield Road, Suite 300, Cherry Hill, NJ 08002
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  • Medical Malpractice
  • Misdiagnosis of Illness
  • Surgical Mistakes
  • Anesthesia Errors

Business Description

Weiss & Paarz is a team of medical malpractice lawyers representing the residents of Camden and the neighboring areas. It handles complex medical negligence cases, such as cancer and heart attack misdiagnosis, brain injury, cystic fibrosis, Down syndrome, and hydrocephalus. Weiss & Paarz lawyers also work closely with a team of physicians and registered nurses. Its recent settlements include resolving nearly $26 million in birth injury claims for four suits and $10 million in claims for two cases of mismanaged brain damage.

Reputation:

We scour the internet for reviews from well-known resources. Each provider is evaluated based on the quality and quantity of their reviews, their presence on multiple review sites, and their average minimum rating.
5.0
Google
5.0 / 5 (5)

Professionalism:

We hire mystery shoppers to call our providers anonymously and evaluate them. Providers who respond quickly, answer questions thoroughly, and communicate politely score higher.
5.0
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Back to Providers

Frequently Asked Questions

What does a medical malpractice lawyer do?

Medical malpractice lawyers represent patients who have been injured during or as a result of medical treatment, when those injuries are caused by the negligence of health care providers, including physicians, dentists, anesthesiologists, clinics, and hospitals. A medical malpractice attorney will meet with a patient, determine if a malpractice case is warranted, gather information from the patient and from medical experts, depose defendants under oath, and negotiate a settlement on behalf of the patient. If an out-of-court settlement cannot be reached, a medical malpractice attorney will litigate the case in court on behalf of the patient.

Do I have a medical malpractice case?

To have a medical malpractice case, a patient must have been injured when a health care provider, who had a duty of care to the patient, breached the accepted standard of care. An attorney looks for certain signs that medical malpractice has taken place, including:

  • A lack of informed consent, in which a person didn’t agree to a treatment or procedure, or the  provider failed to fully explain the risks before proceeding
  • A highly unusual outcome results from a procedure or treatment, which may indicate that the provider made a mistake
  • A patient is informed by their health care provider or hospital that a mistake was made

What are the chances of winning a medical malpractice lawsuit?

According to the U.S. National Institutes of Health’s 20-year study of medical malpractice case outcomes, winning a suit largely depends on the strength of the evidence. Patients won just 10% to 20% of jury trial cases with weak evidence, compared to 30% of lawsuits with midrange evidence. Patients succeeded in 50% of cases with strong evidence. In addition to evidence, factors such as an attorney’s familiarity with the practice of medicine, and the attorney’s specialized background in medical malpractice law, may contribute to the success of the lawsuit.

Is a misdiagnosis suitable for medical malpractice?

Misdiagnosis can constitute malpractice if it's proven that a doctor has failed to meet the usual standard of care. These types of cases usually involve mishandling of testing or delayed diagnoses. They may also involve a doctor's failure to interpret test results, screen for a specific condition, provide a specialist referral, discuss symptoms a patient is experiencing, or investigate possible causes of reported symptoms.

As a patient, how do I choose a good medical malpractice lawyer?

Start by creating a short list of local medical malpractice lawyers specializing in plaintiff representation, then narrow it down by taking these steps:

  • Look at the lawyer’s website for details about their malpractice experience and knowledge.
  • Check whether an attorney is a member in good standing of local, state, and national trial lawyers' associations and the state bar association.
  • Ask what percentage of each lawyer’s caseload is devoted to medical malpractice, what portion of the cases go to trial versus settling, and how much of the case work is delegated to support staff.
  • Verify that an attorney works on a contingency fee basis and absorbs up-front expenses.

What percentage of a settlement do medical malpractice lawyers get?

Medical malpractice lawyers typically represent clients on a contingency basis, receiving payment only if the plaintiff receives a settlement. The standard fee is 33% of the amount awarded. Attorneys may also pay litigation expenses up front, such as filing fees and other case-related costs, before receiving reimbursement from the settlement. Contingency fee percentages, other litigation costs, and payment structures may be negotiable.

What’s the statute of limitations on medical malpractice?

Statutes of limitations for medical malpractice lawsuits differ in each state. The limitations in three of the most populous states show how these laws can vary:

  • California plaintiffs have one year from discovering an injury or three years maximum from the injury date. Cases of foreign objects left in a person's body during surgery have no three-year deadline.
  • New York claims must be filed within 30 months of an injury-causing event. The time limit for left-behind foreign objects is one year from discovery.
  • Texas plaintiffs have two years to file suit, post injury. There are several exceptions, including continuing treatment situations, discovery after the limit expiration, and a 10-year maximum limit.

How do you file a medical malpractice lawsuit?

Taking these steps may get a medical malpractice issue resolved quickly or help when filing a lawsuit becomes necessary:

  • Contact the doctor or health care provider to discuss the injury and a solution to the situation.
  • File a complaint with the local medical licensing board.
  • Check the state’s statute of limitations for filing a malpractice claim.
  • Consult with an impartial medical expert to get a written opinion on whether accepted standards of care were followed.
  • Arrange a free initial consultation with a local medical malpractice lawyer to determine if filing a lawsuit is worthwhile.
  • Consider settling with the health care provider or their insurance company to avoid a lengthy court case.

How does a medical malpractice lawsuit work?

A consultation with an attorney is the first step in initiating a medical malpractice lawsuit. During the consultation, the patient will explain their case, including their injuries and the impact of those injuries on their life and well-being. The patient will identify the person or organization they believe breached the standard of care, and indicate how they believe that breach led to their injuries. The attorney will determine if the patient has a viable malpractice claim, and if so, will enter into an agreement to represent the patient. Next, the attorney will begin an investigation, reviewing medical records and consulting with medical experts. Following the investigation, the discovery process will allow the plaintiff and defendant to share information with each other about the case under oath. In the vast majority of malpractice cases, the settlement phase follows. During this phase, the doctor or facility will agree to pay the plaintiff a mutually agreed upon amount of money. If a settlement cannot be reached during this phase, the medical malpractice lawsuit will proceed to trial.

As a healthcare provider, how do I avoid medical malpractice?

With the goal of enhancing the quality of care provided, while also limiting the risk of harm to patients, doctors can reduce the likelihood of medical malpractice lawsuits by adopting best practices, such as the following:

  • Establish trusting relationships through open and honest communication, and disclose poor outcomes and errors if they occur.
  • Stay up to date on disease management methods, technological advancements, and current standards of care in their area of specialty.
  • Obtain informed consent by fully explaining the risks and possible outcomes of procedures and treatments.
  • Improve follow-up care after any missed appointments and scheduled tests and procedures to help prevent delayed or overlooked diagnoses.
  • Maintain accurate, detailed records of patient exams, treatments, and counseling provided.

What can a medical malpractice defense attorney do for a doctor who has been sued by a patient?

While it can be upsetting and stressful to be sued by a patient, medical malpractice lawsuits are actually fairly common. In fact, a recent American Medical Association benchmark survey found that more than one third of physicians in the U.S. have been sued for malpractice at some point during their career. In the event of a patient lawsuit, the doctor’s malpractice insurance provider will supply the doctor with a malpractice defense attorney to handle the case. If the doctor is not confident with the insurer-provided attorney—for instance, if they sense that their case is being passed along to less experienced associates, or if they feel like they are being forced into a settlement by their insurer—they can hire, and pay for, private counsel. In these cases, the private malpractice defense attorney can explain legal procedures, weigh in on case strategy and settlement possibilities, and suggest stronger defense action if warranted.

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