When surgery goes wrong, lives can change in an instant. Patients trust their surgeons to perform with precision, compassion, and professionalism, but when that trust is broken through error or negligence, the consequences can be devastating.
If you or a loved one suffered harm from a surgery gone wrong in South Jersey, you may be entitled to compensation through a medical malpractice claim. However, not every bad surgical result qualifies as malpractice. Understanding when you have a case, and what steps to take next, is crucial.
At Andres, Berger & Tran, we focus exclusively on medical malpractice in South Jersey, representing victims of surgical errors, anesthesia mistakes, and hospital negligence throughout Camden, Gloucester, Burlington, and Atlantic counties. Below, we explain what qualifies as malpractice, what to look for, and how our firm can help you pursue justice.
What Does “Surgery Gone Wrong” Really Mean?
The phrase “surgery gone wrong” can describe a wide range of situations. Sometimes, it refers to unavoidable complications. But in many cases, it means something preventable, something that should never have happened.
Common Examples of Surgical Errors
Below are some of the most frequent mistakes that can turn a surgical complication into a case of negligence:
- Wrong-site or wrong-patient surgery
- Retained foreign objects such as sponges, clamps, or instruments left inside the body
- Anesthesia errors leading to oxygen deprivation, stroke or cardiac arrest
- Organ perforation or damage to nearby tissues during the procedure
- Failure to control bleeding or infection post-operation
- Nerve injury resulting in paralysis or chronic pain
- Negligent post-operative care
- Failure to obtain informed consent
If you’ve experienced any of these events, it may be time to explore whether your surgical error malpractice case in NJ qualifies as a claim.
When a Surgical Error Becomes Medical Malpractice
Not every surgical complication is malpractice, but many are preventable. To pursue a medical malpractice case in South Jersey, your attorney must prove four elements:
- Duty of Care: The medical provider owed you a professional duty to perform surgery according to accepted medical standards.
- Breach of Duty: The surgeon or medical team deviated from those standards through negligence or error.
- Causation: That deviation directly caused your injury.
- Damages: You suffered measurable harm such as disability, medical costs, lost income, or pain and suffering.
Key Legal Insight
New Jersey law requires an affidavit of merit, a sworn statement by a qualified medical expert confirming that malpractice likely occurred. This is due within 60 days of the defendant’s response, though this deadline can be extended once for good cause. This procedural step is mandatory before your case can proceed.
Common Types of Surgical Malpractice in South Jersey
South Jersey hospitals, from Camden to Atlantic City, perform thousands of surgeries each year. While most go as planned, a single lapse in judgment or care can lead to catastrophic outcomes.
Some of the Most Common Causes of Surgical Malpractice Include:
- Inadequate pre-surgical evaluation: Failing to identify contraindications or high-risk factors.
- Improper surgical technique: Making avoidable mistakes during the procedure.
- Inattentive anesthesia care: Mismanaging anesthesia doses or patient monitoring.
- Postoperative neglect: Ignoring warning signs like infection, bleeding, or respiratory distress.
- Communication breakdowns: Between nurses, anesthesiologists, and surgeons.
Even one of these missteps can form the basis of a surgical malpractice claim in New Jersey.
Local Insight: Challenges for South Jersey Malpractice Victims
Victims of medical malpractice in South Jersey face specific challenges not always seen in other regions:
- Powerful hospital networks with extensive legal defense teams.
- Limited access to expert witnesses within the same medical specialty.
- Tight procedural deadlines under New Jersey’s two-year statute of limitations.
- Complex case filings, including the affidavit of merit requirement.
- Conservative juries that require persuasive medical testimony and clear causation.
That’s why hiring a South Jersey medical malpractice attorney with decades of trial experience is critical.
How to Tell If You Have a Surgical Malpractice Case
If you suspect a surgery gone wrong, here’s how to start evaluating your potential claim:
Obtain Your Medical Records
Request all operative reports, anesthesia charts, discharge summaries, and pathology findings. These documents are essential for expert review.
Consult a Malpractice Attorney
At Andres, Berger & Tran, we offer free consultations to assess whether negligence likely occurred. We’ll analyze your case with medical experts to determine if it meets the standard for malpractice.
Secure Expert Review
We collaborate with qualified surgeons and specialists who can identify deviations from accepted standards and testify on your behalf.
Preserve Evidence
Keep all physical and digital documents, photographs, and communications related to your surgery.
File Before Deadlines Expire
Under New Jersey law, most malpractice claims must be filed within two years. In certain cases, this two-year period begins when the injury or negligence is discovered. Delaying could permanently bar your right to recover damages.
If you believe your surgery gone wrong in South Jersey resulted from negligence, take action as soon as possible. Every day matters.
Contact Andres, Berger & Tran now for a free consultation. Our attorneys will review your records, consult with experts, and tell you whether you have a strong malpractice case. We serve clients throughout Camden, Burlington, Gloucester, and Atlantic Counties, and we don’t get paid unless you win.
Potential Compensation for Surgical Malpractice Victims
Victims of surgical malpractice in South Jersey may be entitled to compensation for:
- Past and future medical expenses
- Rehabilitation and therapy costs
- Lost wages or reduced earning capacity
- Pain, suffering, and emotional distress
- Loss of enjoyment of life
- Disfigurement or permanent disability
In cases of extreme recklessness or cover-ups, punitive damages may also be available.
Realistic Expectations and Legal Complexities
Medical malpractice cases are among the most complex civil lawsuits in New Jersey. They require:
- Extensive medical expert testimony.
- Strong documentary evidence.
- Clear causation linking the error to your injury.
- A firm willing to go to trial if settlement isn’t fair.
At Andres, Berger & Tran, we prepare every case as if it’s going to trial. This approach often leads to stronger settlements, and shows the defense we mean business.
Signs You Should Contact a Malpractice Lawyer Immediately
You should speak to an attorney if:
- Your surgeon cannot clearly explain what went wrong.
- The hospital delays or refuses to release your records.
- You experience an unexpected or catastrophic outcome.
- You require corrective surgery.
- You suspect a cover-up or documentation changes.
Early investigation often makes the difference between a dismissed claim and a successful one.
Why Choose Andres, Berger & Tran
- Exclusively Medical Malpractice: The firm focuses 100% on New Jersey medical malpractice, including surgical errors, birth injuries, and hospital negligence.
- Board-Certified Trial Attorneys: Fewer than 2% of NJ attorneys hold this distinction.
- Proven Multi-Million Dollar Results: See our Verdicts & Settlements page for examples.
- Local Reputation: Based in Haddonfield, serving all of South Jersey.
- Compassionate Advocacy: Personalized attention, free consultations, and no fee unless we win.
Our attorneys are passionate about holding negligent medical professionals accountable and restoring justice for patients.
Contact Andres, Berger & Tran Today
Protect your health and your rights with The Law Firm of Andres, Berger & Tran. Our team has helped patients throughout South Jersey pursue justice for surgical malpractice.
Call us or fill out our online contact form for your free consultation. We’ll review your case, connect with medical experts, and guide you every step of the way toward the justice you deserve.
Disclaimer: The articles on this blog are for informative purposes only and are no substitute for legal advice or an attorney-client relationship. If you are seeking legal advice, please contact our law firm directly.