Legally Reviewed by Jae E. Lee on July 30, 2026
There is inherent risk in any surgical procedure. However, when surgeons and other medical staff fail to provide an accepted standard of medical care, patient’s lives are unnecessarily put at risk. Surgical errors can result in serious injury, exacerbation of an existing condition and even wrongful death. If you or a loved one has suffered due to a surgical error, it is important to have an experienced medical malpractice attorney on your side.
At Jae Lee Law, Bergen County surgical error attorney Jae E. Lee represents people who have been injured by or lost loved ones due to medical malpractice. Our firm is dedicated to helping you obtain the compensation you need and the justice you deserve.
Time-Sensitive — New Jersey Law Limits Your Window to File
You Generally Have Only 2 Years to File a New Jersey Surgical Error Claim
Jae Lee Law brings nearly 30 years of experience and millions in recoveries for injured clients, and we are proactive, not just responsive, in fighting for your case.
Types of Surgical Errors
In handling a surgical error case, we must determine if the medical treatment fell below an accepted standard of care. In doing so, we consult with experts in surgery, anesthesiology and other fields who help us investigate the circumstances leading to the injury. We may also seek evidence in surgery logs, medical records, X-rays and other sources.
Surgical errors can take many forms. Some of the most common instances include:
Nicking Vital Organs
Damage to organs during a procedure
Retained Instruments
Leaving instruments inside the patient
Wrong Site Surgery
Operating on the incorrect body part or side
Unnecessary Surgery
Procedures performed without medical justification
Untreated Infections
Post-surgical infections that go unmonitored
We also use our knowledge and resources to assess the full extent of damages suffered by our clients. In handling your case, we will work to determine how much compensation you will need to pay for additional surgery, rehabilitation, medication, wage loss and other expenses. Additionally, we will seek compensation for pain and suffering, diminished quality of life and other hardships. Our medical mistakes lawyers are committed to helping you obtain full and fair compensation for your surgical error injury.
Deadline to File a New Jersey Surgical Error Claim
Filing Deadline
2 Years, With a Discovery Rule Exception
Under N.J.S.A. 2A:14-2, medical malpractice claims in New Jersey generally must be filed within two years. Because surgical errors are not always immediately obvious, courts apply the discovery rule, meaning the two-year period can begin on the date you knew, or reasonably should have known, that your injury was caused by a surgical error rather than on the date of the surgery itself. New Jersey medical malpractice cases also require an early Affidavit of Merit from a qualified medical expert, which makes prompt legal representation especially important.
You should contact our office promptly so we can evaluate your filing deadline.
