Careful work on the cases that 

change people's lives

When an injury affects your health, your work and your family, the details of the case matter. We investigate early, document the full cost of the injury, and handle the insurance companies so you can focus on getting better.

MILLIONS

Recovered for Our Clients

$0 Fees

Unless We Win the Case.

What are common types of 

medical malpractice?

The cases we review most often involve missed or delayed diagnosis, including cancer, stroke, heart attack, sepsis, and infections; surgical errors, such as wrong-site surgery, retained instruments, and damage to nearby organs or nerves; medication errors, including wrong drug, wrong dose, and dangerous interactions; anesthesia errors; birth injuries caused by delayed response to fetal distress or improper delivery techniques; emergency room errors, such as discharging a patient with a serious condition; and failures to follow up on abnormal test results.

What special rules apply to 

malpractice cases?

Malpractice cases have procedural rules that ordinary injury cases do not. Many states require the injured person to file a certificate or affidavit of merit, signed by an attorney or a qualified expert, confirming that the case has a reasonable basis. Examples include New York's certificate of merit (CPLR 3012-a), Pennsylvania's certificate of merit (Pa. R.C.P. 1042.3), and New Jersey's affidavit of merit (N.J.S.A. 2A:53A-27). Texas requires a detailed expert report within 120 days after each defendant files its answer, and a missed deadline can lead to dismissal.

Some states also require pre-suit notice to the provider, a waiting period before filing, or review by a medical panel. These requirements are strict, and missing one can end a valid case, which is why malpractice claims should be started well before the filing deadline.

Are there limits on what 

can be recovered?

In many states, yes. A large number of states cap non-economic damages such as pain and suffering in malpractice cases, and some cap total damages. Economic damages such as medical expenses and lost earnings are usually not capped. The cap that applies, if any, depends on the state and sometimes on the type of provider. Caps affect how a case is valued and prepared, so they are part of the first evaluation.

How long do you have to file a 

medical malpractice claim?

Malpractice deadlines are often shorter than the deadlines for other injury claims and can include several separate rules. Many states start the clock when the patient discovered or should have discovered the injury, rather than on the date of the treatment. Many states also have an outer limit, called a statute of repose, that can bar a claim after a set number of years regardless of discovery. Claims for children usually have longer deadlines, and claims involving foreign objects left in the body sometimes have special rules.

What if the provider was a federal or 

government employee?

Claims against Veterans Affairs hospitals, military treatment facilities, and federally funded community health centers are brought against the United States under the Federal Tort Claims Act. The injured person must first file an administrative claim with the responsible agency, usually on Standard Form 95, within two years of the claim's accrual (28 U.S.C. § 2401(b)). A lawsuit can only be filed after the agency denies the claim or six months pass without a decision. Many patients do not know their community clinic is federally funded, so this is checked in every case.

How does a 

malpractice case work?

We start by obtaining the complete medical records, including nursing notes, imaging, test results, and in some cases electronic record audit trails that show when entries were made or changed. A qualified expert reviews them. If the review supports a claim, we prepare the required certificate or report, file suit, and move through discovery, depositions of the providers, and further expert testimony. Many cases resolve before trial, but malpractice insurers often defend cases through trial, so we prepare each case to be tried.

Medical malpractice cases 

in other states

Patients often receive treatment away from home, at a specialty hospital, a surgery center, or while traveling. We review medical malpractice cases from anywhere in the country. When a case has to be filed where we do not have an office, we work with locally admitted counsel in that state. If malpractice caused a death, see our wrongful death lawyer page. For neglect in long-term care, see our nursing home neglect page, and for brain injuries from medical errors, see our traumatic brain injury page.

Medical malpractice questions 

people ask us

Talk with Onal Injury Law

about your case

Onal Injury Law has offices in Elmwood Park and Cliffside Park, New Jersey, Staten Island, New York, and Sugar Land, Texas. We review injury cases from anywhere in the United States. When a case has to be filed in a state where we do not have an office, we work with locally admitted counsel in that state so the case is filed in the right court and handled under the right law.

The first consultation is free and confidential, and we speak English, Turkish, and Spanish. Injury cases are usually handled on a contingency fee, so there is nothing to pay up front, and we explain the fee agreement and case costs in writing before you sign anything. Call (201) 335-6788 or request a free case review.

FIGHTING FOR JUSTICE IN ALL PERSONAL INJURY CASES

Personal injury cases are complex and deeply consequential. Each one involves specific facts, medical realities, and long-term implications for the person affected. Our New Jersey personal injury lawyers bring experienced judgment and disciplined preparation to every matter we handle.