When a surgery goes wrong, the impact can ripple through every part of your life. Pain that was supposed to be relieved becomes worse, recovery takes far longer than expected, and trust in the medical system can be shaken. It is normal to wonder whether a surgeon can be held legally responsible for a mistake, especially when the consequences feel permanent. Patients do have the right to sue a surgeon under certain circumstances, but not in all cases. Read this blog and reach out to a seasoned Union County surgical error lawyer to learn about when you may sue a surgeon for malpractice and how our legal team can effectively fight for your interests, every step of the way. Here are some of the questions you may have:

What Counts as Surgical Malpractice in New Jersey?

Not every bad outcome is malpractice, and that distinction matters. Surgery carries risks even when everything is done correctly. A valid claim usually hinges on whether the surgeon failed to meet the accepted standard of care. In simple terms, surgical malpractice may involve situations such as the following:

  • Operating on the wrong body part or the wrong patient
  • Leaving surgical instruments or sponges inside the body
  • Making avoidable errors during the procedure that cause nerve damage, organ damage, or excessive bleeding
  • Failing to properly monitor the patient during or after surgery
  • Ignoring clear warning signs of complications that required immediate action

To move forward with a claim, it must be shown that another reasonably competent surgeon, under similar circumstances, would have acted differently. This focus on professional standards is what separates malpractice cases from general injury claims.

How Do You Prove a Surgeon Was Negligent?

Proving negligence in a surgical error case is often the hardest part. The law requires more than a patient’s belief that something went wrong. Evidence must clearly connect the surgeon’s actions to the injury. Strong surgical malpractice cases often rely on the following:

  • Medical records showing what was done before, during, and after surgery
  • Testimony from qualified medical experts who can explain what the standard of care required
  • Documentation of how the surgeon deviated from that standard
  • Proof that the deviation directly caused harm, rather than an unavoidable complication
  • Records of damages such as additional surgeries, extended recovery time, lost income, or long-term disability

New Jersey also has specific procedural requirements, including an affidavit of merit from a medical professional early in the case. This document confirms that the claim has a legitimate medical basis, and it plays a major role in whether a lawsuit can proceed.

What Damages Can You Recover if You Sue a Surgeon?

If a claim is successful, compensation is meant to address both the financial and personal toll of a surgical mistake. The value of a case depends on the severity of the injury and how deeply it affects daily life. Recoverable damages may include:

  • Medical expenses for corrective procedures, rehabilitation, and ongoing care
  • Lost wages and reduced earning capacity if the injury affects the ability to work
  • Pain and suffering, including chronic pain and emotional distress
  • Loss of enjoyment of life when normal activities are no longer possible

You should note that New Jersey law does not cap most compensatory damages in medical malpractice cases, which can be especially important for patients facing permanent injuries.

Ultimately, if you believe a surgical error caused serious injury, you should strongly consider speaking with a knowledgeable Union County medical malpractice lawyer, as you may have a valid case. Please don’t hesitate to contact Lee Law Firm, LLC for a free consultation today so we can discuss your case.