Frank S. Gaudio

Top rated Medical Malpractice attorney in Red Bank, New Jersey

The Law Office of Miller & Gaudio PC
Frank S. Gaudio
The Law Office of Miller & Gaudio PC
732-582-5043
Contact me today

Practice areas: Medical Malpractice, Personal Injury, Workers' Compensation; view more

Licensed in New Jersey since: 1983

Education: Temple University Beasley School of Law

Languages spoken: English, Italian

Selected to Super Lawyers: 2009 - 2026
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The Law Office of Miller & Gaudio PC

104-110 Maple Avenue
Red Bank, NJ 07701 Visit website

Frank S. Gaudio is a founding member of Miller & Gaudio PC located in Red Bank, New Jersey. With more than 38 years of experience practicing law, Mr. Gaudio focuses his practice exclusively on personal injury, medical malpractice and workers’ compensation.

Serving clients throughout the state of New Jersey and Pennsylvania, he takes on cases involving sexual harassment, products liability, serious personal injury, complex contract litigation and medical negligence matters. Mr. Gaudio has a reputation for his tenacity and dedication to his clients’ rights. He is a professional and diligent attorney, and a zealous advocate for those who have been injured.

Board-certified as a civil trial attorney by the National Board of Trial Advocacy and by the Supreme Court of New Jersey, Mr. Gaudio has extensive experience taking on complex cases, striving hard to reach his clients’ goals and needs. In addition to his long record of having obtained successful verdicts and settlements on behalf of his clients, Mr. Gaudio has numerous testimonials from his satisfied clients and many peer endorsements.

Graduating with honors, Mr. Gaudio has a Bachelor of Science degree with a major in political science from Long Island University. He earned his Juris Doctor from the Temple University Beasley School of Law. He is admitted to practice in the states of New Jersey and Pennsylvania, the U.S. District Court for the District of New Jerse, and the U.S. Court of Appeals for the 3rd Circuit.

Active in pro bono legal work, Mr. Gaudio was a member of the Lions Club. He has lectured at a continuing legal education seminar about civil remedies for domestic violence. Mr. Gaudio is a Lead Counsel Verified attorney for his extensive legal experience. He was also included in the list of NAFLA Top Ten Ranking of 2015.

Practice areas

Personal Injury - Medical Malpractice: Plaintiff, Personal Injury - General: Plaintiff, Workers' Compensation: Claimant

Focus areas

Birth Injury, Delayed or Incorrect Diagnosis, Dental Malpractice, Medical Malpractice, Personal Injury - Plaintiff, Premises Liability - Plaintiff, Slip and Fall, Wrongful Death

  • 40% Personal Injury - Medical Malpractice: Plaintiff
  • 30% Personal Injury - General: Plaintiff
  • 30% Workers' Compensation: Claimant

First Admitted: 1982, Pennsylvania

Professional Webpage: https://www.njtriallawyers.net/attorney/frank-s-gaudio/

Bar / Professional Activity

  • New Jersey, 1983
  • U.S. Court of Appeals 3rd Circuit, 1984 
  • U.S. District Court District of New Jersey, 1983
  • Pennsylvania, 1982

Verdicts / Settlements (Case Results)

  • Medical Malpractice: $5,700,000 Recovery – Plaintiff – On behalf of newborn and parents against Hospitals and OB/GYN for failing to perform a timely cesarean section delivery resulting in a hypoxic ischemic event causing C.P. and severe cognitive deficits in the infant.
  • Sexual Abuse Of Minors: RECOVERY VS. MOLESTER’S WIFE $750,000 default judgment against incarcerated molester – Sexual abuse of child – Emotional distress.
  • Medical Malpractice: $650,000 RECOVERY – Failure of graduate nurse anesthetist to properly apply pressure to cricoid cartilage of trachea after esophageal intubation – aspiration of particulate matter – ARDS – Death of 45-year-old widow – Informed consent issue relating to initial attempt at intubation by nurse anesthetist.
  • Premises Liability: $600,000 RECOVERY – Plaintiff overnight guest falls down approximately 14 steps because of allegedly dangerous stairway leading to basement – Skull fracture and severe cognitive deficits – Premises rented by defendant from co-defendant homeowners association – Failure to warn – Inward opening of basement door forces plaintiff to turn around to begin descending basement stairs – Premises “Grandfathered” from current code prohibiting such design – Defendant would have pointed to extensive alcohol consumption by plaintiff earlier in evening.
  • Fraud: $2,800,000 RECOVERY – Husband of defendant administratrix shoots and kills brother-in-law and his wife after losing NY Civil Action in business dispute – Killer then commits suicide – Misrepresentation to probate court that estate had assets of under $20,000.
  • Medical Malpractice: $836,000 (LIMIT OF ERODING POLICY) RECOVERY – Failure to perform surgery between post-hysterectomy differential diagnosis of bowel obstruction and transfer to subsequent nonparty hospital 19 days later – Wrongful death.
  • Medical Malpractice: $3,000,000 RECOVERY  – Defendant nurse/midwife temporarily detaches fetal monitor despite signs of fetal distress – Precipitous drop of fetal heart beat when mother is placed on monitor again – Failure to follow hospital protocol requiring presence of attending physician once it is apparent that surgical delivery will be needed – Hypoxic ischemic encephalopathy spastic quadriplegia – Profound mental retardation.
  • Domestic Violence: $1,125,000 recovery – plaintiff waitress told by defendant’s manager that she and ex-boyfriend, who were having loud argument at end of plaintiff’s shift, to leave the premises – plaintiff shot in mouth arm and shoulder by ex-boyfriend outside the diner – bullet lodges near spine and cannot be removed – plaintiff also suffers extensive nerve damage in arm and clawing of hand – attack occurs several days before plaintiff scheduled to testify in criminal trial against ex-boyfriend on assault charges of which defendant diner’s manager is aware – serious injury or death likely to occur and case not barred by compensation – $750,000 on this aspect plaintiff also files lad claim based on theory that plaintiff is being harassed by assailant and defendant failed to take reasonable steps to protect her – plaintiff obtains $200,000 based on lad claim – plaintiff also receives $175,000 from comp carrier on portion of policy providing for payment not otherwise covered by comp sustained by worker while at place of employment.

Videos

  • Frank Gaudio discusses why it’s impossible to determine the value of a personal injury case immediately after an accident. While clients often want to know what their case is worth early on, Gaudio explains that no accurate estimate can be made until the extent and permanency of the injury are fully understood. Many different factors—medical records, long-term prognosis, impact on daily life, and more—must be evaluated before a value can be assigned., How Is the Value of a Personal Injury Case Determined? | Miller & Gaudio, P.C., 2025
  • Frank Gaudio explains how New Jersey’s modified comparative negligence law works in medical malpractice and personal injury cases. Even if you're partially at fault, you may still recover damages—as long as your share of the fault does not exceed 51%. Gaudio emphasizes the importance of understanding how fault is calculated and how it may impact your ability to pursue a claim., What to know if you are partially at fault in a personal injury claim in NJ? | Miller & Gaudio, P.C., 2025
  • What began as a routine dental visit turned into a medical nightmare for John Poggio. Despite disclosing his mechanical heart valve, he was never asked about his health history—or given the antibiotics he needed to prevent infection. Days later, he developed endocarditis, leading to devastating heart damage and emergency open-heart surgery. In this emotional video, John and his wife Jeanette open up about the trauma, the life-altering consequences, and how attorney Frank Gaudio stepped in to help uncover the truth and fight for justice. Their story is a powerful reminder of how easily things can go wrong when protocols are missed—and how critical it is to have someone in your corner when they do., A Routine Checkup Nearly Took His Life: The Poggio Family’s Story | Miller & Gaudio, P.C., 2025
  • In this video, attorney Frank Gaudio explains the types of personal injury cases handled at Miller & Gaudio, including auto accidents, slip and fall incidents, assaults, and product liability injuries. Gaudio stresses the importance of contacting an attorney promptly after an accident—because your rights can be affected, and crucial evidence may be lost over time. Early legal action allows your attorney to gather facts, protect your rights, and build a strong case., Understanding Personal Injury Claims and Why Acting Quickly Matters | Miller & Gaudio, P.C., 2025
  • At Miller & Gaudio, legal representation goes beyond the courtroom—it's about building trust, listening deeply, and treating every client like a priority. In this firm overview, the team explains their client-first philosophy, emphasizing the importance of communication, transparency, and compassion. Whether it's a personal injury claim or a complex litigation case, Miller & Gaudio makes sure every client feels heard, understood, and supported. Their goal? To ensure clients not only get strong legal results—but also peace of mind along the way., We Treat Every Case Like It’s the Only One: Inside Miller & Gaudio, P.C., 2025
  • In this video, attorney Frank Gaudio clarifies a key point in medical malpractice cases: it’s not just about whether a doctor made a mistake—it’s about whether their actions deviated from the accepted standard of care., How Do You Prove a Doctor Was Negligent? | Miller & Gaudio, P.C., 2025
  • In this video, attorney Frank Gaudio breaks down the two legal elements required to prove medical malpractice under New Jersey law. First, there must be a deviation from the accepted standard of care. Second, that deviation must have directly caused specific damages to the patient. Gaudio also explains why these cases are highly contested: they’re often life-changing, emotionally charged, and extremely costly to pursue. For a malpractice case to move forward, it must be economically feasible—meaning the potential verdict must be enough to cover litigation costs and fully compensate the client., What Must Be Proven in a New Jersey Medical Malpractice Case? | Miller & Gaudio, P.C., 2025
  • In this video, attorney Frank Gaudio outlines the strict timelines involved in filing a medical malpractice claim in New Jersey. While the standard statute of limitations is two years from the date of the incident—or from when the injury was discovered—there’s an important exception consumers need to understand., The Critical Deadline for Filing a Medical Malpractice Claim in New Jersey | Miller & Gaudio, P.C., 2025
  • In this video, attorney Frank Gaudio explains when a hospital can be held legally responsible for negligence. He outlines that in order to bring a successful claim, there must be a clear deviation from the accepted standard of care. This can include issues such as credentialing a physician who shouldn't be practicing, improper prescription protocols, or hospital procedures—like antibiotic administration—that fail to meet national guidelines. Gaudio breaks down how these institutional failures can form the basis of a strong legal case against a hospital., When Can You Sue a Hospital for Negligence? | Miller & Gaudio, P.C., 2025
  • Frank Gaudio explains what actually qualifies as medical malpractice—a far more complex issue than most realize. It’s not enough that something went wrong during treatment. To bring a valid claim, there must be proof that a healthcare provider deviated from the accepted standard of care and that the patient suffered a serious injury as a direct result of that deviation. Gaudio outlines the legal thresholds that must be met to move forward with a malpractice case., What Legally Qualifies as Medical Malpractice? | Miller & Gaudio, P.C., 2025

Special Licenses / Certifications

  • Civil Trial Attorney, Supreme Court of New Jersey, 1998
  • Certified by National Board of Trial Advocacy 

Pro bono / Community Service

  • Lions Club, 1995-1998 

Educational Background

  • Long Island University, Greenvale, New York, B.S., Honors: With Honors, Major: Political Science 

Scholarly Lectures / Writings

Office location for Frank S. Gaudio

104-110 Maple Avenue
Red Bank, NJ 07701

Phone: 732-582-5043

Selections

18 Years Super Lawyers
  • Super Lawyers: 2009 - 2026

Certificates and credentials

New Jersey Board on Attorney Certification
Certified by the Supreme Court of New Jersey as a Civil Trial Attorney
National Board of Trial Advocacy
National Board of Trial Advocacy logo

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