Suing a surgeon for medical malpractice in New Jersey is a complex and serious legal matter that arises when a patient believes that their surgeon's negligence or deviation from the standard of care has resulted in harm or injury. Medical malpractice cases in New Jersey require careful consideration of various legal elements. These include establishing the surgeon-patient relationship, demonstrating that the surgeon breached the standard of care, proving that this breach directly caused harm, and quantifying the damages suffered by the patient.

Like most states, New Jersey has specific laws and procedures governing medical malpractice claims. If you or a loved one has suffered injuries after surgery, you should contact an experienced NJ medical malpractice attorney to discuss your options for filing a surgical error lawsuit. 

Can You Sue for Surgery Complications?

Medical malpractice occurs when a healthcare professional, such as a surgeon, deviates from the standard of care, and their actions result in harm or injury to a patient. NJ allows patients and victims to sue a surgeon for certain surgical errors. However, the law requires victims to clear significant hurdles to establish liability and collect damages. 

What Do You Have to Prove in a Surgical Malpractice Case? 

To pursue a lawsuit for surgery complications in New Jersey, you must meet certain criteria in proving the elements of a medical malpractice claim.

Doctor-Patient Relationship

You must prove that a doctor-patient relationship existed, meaning you were under the surgeon's care.

Breach of Standard of Care

You must demonstrate that the surgeon's actions during the surgery or post-operative care deviated from the standard of care that a reasonably competent surgeon would have provided under similar circumstances.


You must establish a direct link between the surgeon's breach of the standard of care and the surgery complications or injuries you suffered. In other words, you need to show that the surgeon's negligence directly caused your harm.


You must have suffered measurable damages due to the surgery complications, such as medical expenses, lost wages, pain and suffering, or other losses.

How Long Do You Have to File a Claim?

It's essential to file your lawsuit within New Jersey's statute of limitations, generally two years from the date of the alleged malpractice or from the date the injury was discovered or should have been discovered.

If you believe you have a valid claim against a surgeon, it's crucial to consult with an experienced medical malpractice attorney in New Jersey.

Who Can You Sue for Surgery Complications?

Depending on the circumstances, you can sue various parties for surgery complications in New Jersey, including:

  • Surgeon,
  • Medical facility,
  • Medical professionals,
  • Medical device manufacturers,
  • Anesthesia providers, and 
  • Employing institutions. 

To determine who can be sued for surgery complications in New Jersey, consult an experienced medical malpractice attorney who can evaluate the specific circumstances of your case and identify all potentially responsible parties. 

When Can You Sue a Doctor If Surgery Fails?

Many types of preventable surgical errors can result in serious injury to a patient. For example, the following mistakes can form the basis of a medical malpractice lawsuit:

Wrong-Site Surgery

Performing surgery on the wrong body part or organ is a severe surgical error. For example, a patient scheduled for left knee surgery might have the procedure done on their right knee due to a mix-up in the operating room.

Surgical Instruments Left Inside

Surgeons and their teams ensure they remove all surgical instruments, sponges, and other materials from the patient's body before closing the incision. Leaving foreign objects inside the patient can lead to infections or other complications.

Anesthesia Errors

Administering incorrect doses of anesthesia or failing to monitor a patient's response to anesthesia can result in anesthesia-related injuries, including brain damage or even death.

Nerve Damage

Surgeons can inadvertently cut, stretch, or damage nerves during surgery, leading to loss of sensation, muscle weakness, or chronic pain.


Failure to maintain a sterile surgical environment and follow proper infection control protocols can result in post-operative infections, which may be life-threatening.

Surgical Technique Errors

Surgeons may make mistakes during the actual surgical procedure, such as perforating organs, damaging blood vessels, or improperly suturing incisions, leading to complications.

Failure to Obtain Informed Consent

Patients have the right to be informed about the risks and benefits of a surgical procedure. Surgeons performing surgery without obtaining informed consent may be liable for medical malpractice.

These are just a few examples of surgical errors that can give rise to medical malpractice claims. 

How Can You Sue a Doctor for Failed Surgery?

Suing a doctor for a failed surgery in New Jersey involves a specific legal process that must be followed carefully. These are the general steps to suing a doctor for a failed surgery: 

  • Consult with an attorney,
  • Gather medical records,
  • Expert evaluation,
  • File a complaint,
  • Discovery phase,
  • Negotiations and possible settlement, 
  • Trial, and
  • Appeals. 

Suing a doctor for a failed surgery in New Jersey is a complex legal process so having legal representation is essential to navigate it successfully and seek compensation for your injuries and damages.

Learn More About Pursuing a Surgical Error Lawsuit

If you or a loved one recently underwent surgery and ended up suffering unnecessarily due to the negligence of your doctor, reach out to the dedicated New Jersey medical malpractice lawyers at the law firm of O'Connor, Parsons, Lane & Noble. At our injury law firm, we have decades of combined experience handling complex medical negligence cases, including those involving surgical errors. We take a comprehensive and individualized approach to every client we serve to ensure we meet your needs and hear your voice throughout the process.  

Contact Us

To schedule a free consultation with a New Jersey medical negligence lawyer, give us a call or connect with one of our lawyers by completing our secure online contact form.

Rate this Post

1 Star2 Stars3 Stars4 Stars5 Stars
1 votes, average: 1.00 out of 5