Badge - Rated by Super Lawyers Victor A. Rotolo
Badge - Rated by Super Lawyers Anthony P. Kearns third
Badge - Million Dollar Advocates Forum
Badge - Multi Million Dollar Advocates Forums
Badge - New Jersey Supreme Court Certified Attorney
Badge - New Jersey's Best Lawyers For Families 2018
Badge - AV Preeminent Victor A. Rotolo 2024
Badge - Client Champion Gold 2024
Badge - Hunterdon County Chamber of Commerce
Badge - Top 100 The National Trial Lawyers
Please click Award & Selection Criteria & Methodology for information regarding the specific criteria used for selection of each of the above awards.

Medical Malpractice

Anytime you go to the doctor for treatment, you run the risk of complications occurring. Sometimes a complication is an unfortunate reality that could not be avoided. Other times, however, the complication could be the result of careless medical practices. If the latter is true, you may have grounds for a medical malpractice case.

Within the medical profession, there are certain standards that are recognized as being acceptable treatments that reasonable medical professionals would prescribe under similar circumstances. Generally, this is known as the standard of care. As a patient, you have the right to expect to receive that standard and as long as that standard of care is met, you have no recourse against your doctor regardless of the outcome of your treatment. If, on the other hand, a doctor or other health care professional violates the standard of care, negligence may be proven, which could lead to a medical malpractice lawsuit.

Proving Medical Malpractice

Several requirements must be met for a medical malpractice claim to be valid:

  • The accepted standard of care must be violated. In other words, the doctor or health care professional must act in a way that is different from how most reasonable healthcare professionals would act under the same conditions.

  • An injury must result from the negligence. An unfavorable outcome of a medical treatment alone is not sufficient for a malpractice lawsuit. You must prove that you suffered an injury that otherwise would not have occurred if the healthcare professional had not been negligent.

  • The injury must result in significant damages. Those damages could include a permanent disability, unusual pain and suffering, significant medical bills, or loss of income. If the damages are not significant, the cost of pursuing the malpractice case could outweigh the amount you would recover if you were successful in your case.

Medical malpractice cases often require testimony of a number of medical experts and long hours of deposition testimony. These costs add up, making medical malpractice cases extremely expensive to litigate. In addition, laws regulating what technically constitutes medical malpractice vary from state to state, as does the statute of limitations in filing a medical malpractice claim. 

Victor Rotolo, certified by the Supreme Court of New Jersey as a Civil Trial Attorney, and Anthony Kearns and the other experienced litigators at Kearns Rotolo Law are proficient in the malpractice laws of New Jersey, including the State’s statute of limitations. Additionally, they utilize efficient investigative techniques designed to minimize the time spent preparing their defense of your case and, as a result, the cost associated with your case. Once the validity of your claim has been determined, Kearns Rotolo Law will work to represent your case.

What Our Clients are Saying

I was very proud to be represented by Tony and felt secure at a time I needed a compass to head out of a difficult bind. Confidence in your counsel and a sense of security in understanding how best to proceed are important reasons to consider Anthony Kearns and his team of outstanding lawyers.

- Lynn

Tony was excellent! He was knowledgeable, responsive and on-time. His experience as a County Prosecutor definitely helped our case as he knows how the legal system works and how to navigate. I highly recommend Tony and his office.

- Matt

Thankfully I found Kearns Rotolo Law and I had a wonderful experience working with Charles Rifici on a difficult divorce/child custody issue. I am so grateful for all the work and guidance he provided. He always took his time and diligently went through all my options with me so I could make the decisions that benefitted my family and I. I will be forever thankful for the top notch services he provided.

- Cinthya

In March of 2022 I contacted Kearns Rotolo Law Firm with an urgent problem, Mr. Kearns and Mr. Rotolo contacted me immediately to give me hope as to rectify my problem. The end result was Mr Kearns was able to solve my issue through extreme professionalism, I am very grateful I found Kearns Rotolo Law firm and I would recommend their law firm to anyone that has a less extreme problem or a more complex problem, I am very grateful for their services.

- Bill

I met with Mr. Kearns yesterday about a devastating situation affecting our family. Mr. Kearns and his entire staff made us feel extremely comfortable and showed our family a compassionate side that gave us comfort in the most uncomfortable of situations. Thank you very much. God Bless.

- Christian