Losing a loved one is one of life’s most painful experiences. When their death follows medical treatment, that grief can quickly turn into confusion and doubt. You may find yourself asking: Was this an unavoidable tragedy… or did someone make a preventable mistake?
At The Law Offices of Andres, Berger & Tran, we’ve helped families across New Jersey find clarity after the sudden or unexplained death of a loved one. While not every loss is due to negligence, some happen because a healthcare provider failed to meet the standard of care. If you’re unsure where your situation falls, you’re not alone – and we’re here to help you uncover the truth.
Determining whether a death was caused by malpractice or the natural course of illness takes more than suspicion. It requires skilled legal and medical investigation. That’s exactly what we do every day at Andres, Berger & Tran: help families get answers, seek accountability, and, when appropriate, pursue justice.
What Counts as Medical Malpractice?
Medical malpractice happens when a healthcare provider’s negligence causes harm or death. In New Jersey, this could involve a doctor, nurse, hospital, or other provider who:
- Misdiagnosed or failed to diagnose a condition
- Made a surgical or procedural error
- Prescribed incorrect medication or dosage
- Overlooked serious symptoms
- Delayed treatment that worsened the outcome
It’s important to know that a bad outcome doesn’t automatically mean malpractice. Even skilled providers can lose patients to severe or progressive conditions. That’s why these cases require thorough evaluation by legal and medical professionals who know what to look for.
Tragedy or Negligence? How to Tell the Difference
Distinguishing between a tragic loss and a wrongful death due to malpractice isn’t easy – especially for grieving families. Here are some questions to consider:
- Were there signs the provider missed or ignored?
- Did treatment seem delayed, rushed, or inconsistent?
- Were you given conflicting information about what happened?
- Does something just not add up?
Sometimes, families only learn about a possible error after requesting medical records or getting a second opinion. In other cases, hospitals may be vague or defensive when asked for details. If you’re getting the runaround, it may be time to talk to an attorney.
Common Misconceptions About Medical Malpractice
After a sudden loss, many families hesitate to take legal action due to common misunderstandings. Let’s clear some of them up:
1. “They were already sick, so it can’t be malpractice.”
Even patients with serious conditions deserve appropriate care. If a provider’s mistake accelerated or caused their death, it could be grounds for a claim.
2. “Mistakes happen – there’s nothing you can do.”
Not all mistakes rise to the level of malpractice, but many are preventable. If care fell below accepted standards, legal action may be possible.
3. “You can’t sue if the doctor meant well.”
Malpractice is about whether proper standards were met – not a provider’s intentions. Good intentions don’t excuse negligent care.
4. “I signed a consent form, so I accepted the risks.”
Signing a consent form does not protect a provider from liability if something goes wrong due to negligence. You agreed to the risks of a procedure – not to mistakes or substandard care.
5. “It’s probably too late to do anything.”
New Jersey has strict deadlines for filing malpractice claims, but exceptions can apply. If you have concerns, it’s best to speak with a lawyer sooner rather than later.
Understanding what malpractice is – and what it isn’t – can help you decide your next steps.
What Happens in a Wrongful Death Malpractice Case?
If malpractice led to your loved one’s death, you may be able to file a wrongful death claim. In New Jersey, these claims can seek compensation for:
- Medical expenses related to the final treatment
- Funeral and burial expenses
- Loss of income or household support
- Loss of companionship and guidance
- Pain and suffering (in certain cases)
At Andres, Berger & Tran, we work with leading medical experts to evaluate your case and determine whether the care met accepted standards. If it didn’t – and if that failure contributed to your loved one’s death – we’re prepared to fight for the justice your family deserves.
What Should You Do If You Suspect Malpractice?
If something doesn’t feel right about your loved one’s death, take these next steps:
Request medical records as soon as possible.
These are essential for uncovering what happened. Time stamps, doctor notes, and test results may point to mistakes or delays.
Write down your experience.
Include dates, names of providers, conversations, and any symptoms or concerns your loved one expressed. These details matter.
Don’t confront the hospital or doctor.
It’s understandable to want answers, but direct communication can be risky. Let your attorney guide this process.
Speak with an attorney experienced in medical malpractice.
A New Jersey medical malpractice lawyer can review your concerns, consult with experts, and determine if legal action is appropriate.
At Andres, Berger & Tran, our initial consultations are always free and confidential. You don’t have to know all the answers before you reach out – we’ll help you find them.
You Deserve Answers – and Support
You shouldn’t have to navigate this on your own. If your loved one died unexpectedly and you suspect something went wrong, speaking with an experienced attorney can help bring clarity, and potentially justice.
At The Law Offices of Andres, Berger & Tran, we understand the deep emotional toll of medical loss. We’re here to listen, investigate, and advocate for you. With decades of experience handling complex wrongful death and malpractice cases, we’re here to support you. We serve clients throughout New Jersey, including Camden, Cherry Hill, Haddonfield, Voorhees, Mount Laurel, and beyond.
Your family’s story matters. Let us help you find the truth and, if warranted, hold those responsible accountable.
Speak With a New Jersey Medical Malpractice Attorney Today
If you’re asking yourself whether your loved one’s death could have been prevented, don’t wait. Contact The Law Offices of Andres, Berger & Tran for a free, confidential consultation. We’re here to help you understand your rights and take the next step – whatever that looks like for you.
Disclaimer: This blog is for informational purposes only and does not constitute legal advice. No attorney-client relationship is created by reading or responding to this post. Please consult with a qualified attorney to discuss your specific circumstances.