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Losing a loved one is always painful—but when that loss stems from a medical professional’s mistake, it’s especially devastating. In New Jersey, families may be entitled to bring a wrongful death claim when a healthcare provider’s negligence leads to a preventable death. These claims not only offer a path toward financial recovery but also serve to hold medical providers accountable.
What Is Medical Malpractice?
Medical malpractice occurs when a doctor, nurse, hospital, or other provider deviates from the accepted standard of care, resulting in harm. In the context of wrongful death, the provider’s negligence must have been a direct cause of the patient’s death.
Examples include:
- Surgical errors such as leaving instruments inside the body or operating on the wrong site
- Misdiagnosis or delayed diagnosis of life-threatening conditions like cancer or sepsis
- Medication mistakes, including overdoses or administering the wrong drug
- Anesthesia errors that lead to fatal complications
- Failure to monitor or respond to distress during childbirth or post-surgical recovery
Not every poor outcome is grounds for a lawsuit, but if the care was substandard and caused death, legal action may be justified.
Establishing Grounds for a Wrongful Death Claim
To prevail in a wrongful death lawsuit based on medical malpractice in New Jersey, the plaintiff must prove four key elements:
1. Duty of Care
The healthcare provider must have owed a legal duty to the patient. This is usually established through the doctor-patient relationship.
2. Breach of Duty
The provider must have acted in a way that deviated from accepted medical standards. Expert testimony is often required to demonstrate what a reasonably skilled provider would have done differently.
3. Causation
There must be a direct link between the provider’s negligence and the patient’s death. This is often the most contested part of a wrongful death case.
4. Damages
The death must have resulted in measurable losses, such as lost income, medical bills, funeral expenses, and loss of companionship for surviving family members.
New Jersey law allows the deceased’s estate or certain family members—usually a spouse, children, or parents—to bring the claim and recover compensation.
Time Limits for Filing a Claim
New Jersey imposes a strict time limit, known as the statute of limitations, on wrongful death lawsuits. Generally, you must file the claim within two years of the date of death. Failing to file within that window may result in the case being dismissed.
There may be exceptions, such as when the malpractice was not discovered immediately, but time is never on your side. Consulting a qualified attorney as soon as possible is crucial.
Get Help From a New Jersey Medical Malpractice Lawyer
Wrongful death claims involving medical malpractice are legally complex and emotionally charged. At Nagel Rice LLP, we understand the challenges families face during these difficult times. Our attorneys have decades of experience holding hospitals and healthcare providers accountable across New Jersey. We handle the legal burden—so you can focus on healing.
If you believe your loved one’s death was caused by medical negligence, contact us today to schedule a free consultation. We’re here to help you find answers—and fight for the justice your family deserves.