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How Long Do You Have to Sue a Doctor After Surgery in New Jersey?

Sophia Soraya

July 15, 2024

Medical malpractice is a significant concern in the healthcare industry, and medical errors are a leading cause of preventable injury and death in the U.S., claiming over 250,000 lives annually. If you have been injured by a surgical error, the law gives you a limited time to file a lawsuit against the negligent doctor or other medical professional. A New Jersey medical malpractice lawyer from Varcadipane & Pinnisi, P.C. can advise on when to bring a lawsuit against a doctor following surgery.

What Constitutes Medical Malpractice in New Jersey?

In New Jersey, medical malpractice occurs when a healthcare professional deviates from the accepted standard of care, causing harm to the patient. This can include:

  • Surgical errors: Mistakes made during surgery, such as operating on the wrong site or leaving surgical instruments inside the patient.
  • Misdiagnosis or delayed diagnosis: Failure to diagnose a condition correctly or promptly.
  • Medication errors: Issuing the wrong prescription or incorrect dosage.
  • Failure to inform: Not providing adequate information about the risks associated with a treatment or procedure.
  • Negligent care: Any other form of professional negligence that leads to patient harm.
  • Anesthesia errors: Anesthesia malpractice involves issues like improper administration or monitoring of anesthesia.
  • Childbirth injuries: Injuries to the mother or baby during labor and delivery due to medical negligence.
  • Poor aftercare or follow-up: Inadequate post-treatment care leads to complications or deterioration of the patient’s condition.
  • Use of faulty medical equipment: Utilizing defective medical devices that result in harm to the patient.
  • Premature discharge: Releasing a patient from the hospital too soon, resulting in subsequent health issues.

What’s the Timeframe to File a Lawsuit in NJ?

In New Jersey, the clock on filing a medical malpractice lawsuit starts ticking down from two years from the moment you discover or should have discovered your injury. If the harm wasn’t noticeable right away, the countdown begins as soon as you know it. It’s recommended to act within this timeframe to retain your legal right to fight for compensation.

To Whom Can You Sue for a Surgical Error?

Establishing liability is essential for seeking legal recovery in a medical malpractice case. Your lawyer will help identify the party whose actions or inactions caused harm to you. In cases of surgical error, you can potentially sue several parties:

  • Surgeons. The primary party responsible for performing the surgery.
  • Anesthesiologists. If anesthesia-related errors occurred during the procedure.
  • Nurses. Nurses may also be liable if their actions contributed to the error.
  • Hospitals and clinics. Under vicarious liability, institutions can be held accountable for the actions of their employees if the errors occur within the scope of employment.

Is There a Notice Requirement for Medical Malpractice in NJ?

New Jersey does not have a specific statewide notice requirement for filing a medical malpractice lawsuit. However, an important step in the process is the Affidavit of Merit (N.J.S.A. 2A:53A-27).

Within 60 days of the defendant filing an answer to your complaint, you must provide an affidavit from a qualified medical expert stating whether there is a reasonable probability that the standard of care was breached. Your attorney will arrange how to acquire the Affidavit of Merit. If you don’t provide the affidavit, it can result in the dismissal of your case.

How It’s Possible to Prove Negligence After a Surgery?

Proving negligence in medical malpractice requires a high burden of proof. This standard helps ensure that only valid claims move forward to avoid unwarranted litigation.

Medical standards and practices also vary depending on the provider’s specialty, available technology, and the patient’s condition. Establishing a deviation from the standard of care involves not just showing a poor outcome but also proving that the care provided was substandard based on widely accepted medical practices.

To prove negligence after a surgery, a plaintiff must establish the following:

  • There was a doctor-patient relationship, which inherently included a duty of care.
  • The healthcare professional clearly did not meet the accepted standard of care.
  • The breach of duty directly caused your injury.
  • You suffered actual damages as a result of the breach.

To prove these elements, your attorney may have to rely on treatment documents to identify the services received. Also, they will use the opinions of medical experts who will explain how the standard of care was breached and its impact on your health.

Call a New Jersey Medical Malpractice Lawyer Today

If you believe you have been a victim of a surgical error or any form of medical malpractice, you need to act quickly to safeguard your right to pursue compensation. The attorneys at Varcadipane & Pinnisi, P.C. will offer personalized attention and customized legal strategies to help you win your claim. Contact us today to schedule a free consultation and discuss your legal options.

Sophia Soraya

Sophia Soraya is a seasoned attorney specializing in complex civil matters, with a focus on personal injury, professional malpractice, and product liability cases across New York and New Jersey. Sophia is a Partner with the Firm and has been selected as a Super Lawyers, Rising Star for consecutive years.

University: J.D. New England Law (Boston)

Bar Number: 000402013

Locations: New Jersey and New York.

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This page has been written, edited, and reviewed by a team of legal writers following our comprehensive editorial guidelines. This page was approved by Founding Partners, Jeffrey W. Varcadipane & Dawn M. Pinnisi, with more than 40 years of combined legal experience as personal injury attorneys.

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