Medical Malpractice Statute of Limitations

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 statute of limitations and understanding one’s rights even more complex. At the law office of OPLN Law, our lawyers are here to explain the statute of limitations and ensure your claim is brought within the required time frame. 

What Is a Statute of Limitations?

When someone is injured due to another’s negligence or malpractice, they maintain the right to file a claim against the person responsible for damages. However, the right to bring forth this action only exists for a certain amount of time, and then it expires. Once a statute of limitations expires, a person cannot bring forth a claim, and therefore forfeits their right to damages. 

Statute of Limitations Medical Malpractice New Jersey 

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 you went in for a surgery and the surgeon operated on the wrong limb, then you would have two years from the date of this surgery to bring forth your medical malpractice claim. 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 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. As such, 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. There are also two exceptions made for cases involving children and birth injuries:

  • 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.

Bring Forth Your Claim Today

If you or your loved one has suffered an injury as a result of a physician’s negligence, you shouldn’t wait to take legal action. The longer you wait, the more evidence that will be destroyed, the harder your case will be to win, and the closer you’ll get to breaching the statute of limitations. 

At the office of OPLN Law, 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 - call us today to learn how we can help. 

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