When medical malpractice occurs, the result can be catastrophic injuries that have a big impact on a person’s quality of life and ability to support themselves.
While many accidents and injuries are acute and obvious (such as the damages from a car accident), medical malpractice-related injuries may not always be.
This can make navigating the New Jersey statute of limitations and understanding one’s rights even more complex.
At O’Connor, Parsons, Lane & Noble, our medical malpractice lawyers are here to explain the New Jersey statute of limitations and ensure your claim is brought within the required time frame.
The New Jersey Statute of Limitations
New Jersey encourages injured victims to bring a lawsuit in a timely manner. The state has passed a “statute of limitations” for that reason.
This statute gives a victim a certain amount of time to bring a claim; afterward, the right to sue is cut off and a judge will dismiss your lawsuit because it was filed too late.
The statute of limitations for medical malpractice in New Jersey is two years from the date of discovery of the medical malpractice. Typically, this means two years from the date that the malpractice took place.
For example, if a doctor punctures a lung during surgery on April 15, 2018, then you have until April 15, 2020 to file a lawsuit in court. If you discover the injury later, you would have two years from the date of discovery of the injury.
Exceptions to NJ’s Medical Malpractice Statute of Limitations
There are a few cases when the New Jersey statute of limitations will be extended and the firm two-year deadline will not apply.
As stated above, injuries caused by malpractice are not always immediately obvious. In cases like these, the clock on the two-year limit starts ticking from the date that the injury was discovered, not the date that the malpractice occurred.
You can find the relevant New Jersey statute of limitations and exceptions at NJSA 2A:14.2.
What about Injuries to Children? How Long Do You Have to Sue a Doctor?
There are two exceptions for New Jersey’s medical malpractice statute of limitations:
- Medical malpractice cases involving children. If a medical malpractice case involves a child, then the two-year countdown begins on the date of the child’s 18th birthday, unless the child was injured at birth.
- Medical malpractice cases involving birth injuries. If a child suffers a birth injury, then the statute of limitations is extended to the child’s 13th birthday.
You might not know when your child was injured, so meet with an attorney for a consultation.
Bring Forth Your New Jersey Medical Malpractice Claim Today
This article on New Jersey’s statute of limitations provides general information. However, each case is unique.
If you suspect a medical professional or hospital has injured you, then reach out to a lawyer as soon as possible. Let a seasoned medical malpractice lawyer determine the deadline for bringing a claim.
At the office of O’Connor, Parsons, Lane & Noble, our experienced New Jersey medical malpractice lawyers understand the medical malpractice statute of limitations and medical malpractice law. We know what it takes to win a case, and will advocate for you. We offer free consultations – contact us today to learn how we can help.