How Long Do You Have to File a Hospital Negligence Claim?
Victims of hospital negligence often experience exorbitant medical bills, lost income, and long-term disability. If you have been injured due to a provider’s or hospital’s negligence, you only have two years to file a legal claim in New Jersey. Two years can go by quickly, especially when you are attempting to settle with insurance. The insurance company knows that time is on their side (not yours), which is why they may make you jump through various hoops to settle.
You deserve a legal advocate in your corner. Our medical malpractice attorneys at Ginsberg & O’Connor in Cherry Hill, NJ, will stand by you through every step of the legal recovery process. We believe that a medical malpractice settlement should cover your physical, emotional, and financial losses, and nothing less.
What is Hospital Negligence?
When a hospital fails to provide competent care to a patient and the patient suffers harm, this constitutes hospital negligence. Examples of hospital negligence include administering the wrong medication to a patient, discharging a patient too early, and surgical errors, to name a few. Hospitals are expected to adhere to a certain level of care, so anytime that a reasonable medical standard is not met and you are injured, hospital negligence occurs.
Two-Year Statute of Limitations
New Jersey law only provides a claimant two years to file a medical malpractice claim. The legal “clock” starts two years after your date of injury. The statute of limitations ensures that evidence is preserved and that defendants do not have to face ongoing litigation. If you attempt to sue after the statute of limitations has run out, you will be barred from recovery.
Exceptions to the Two-Year Deadline
New Jersey law provides exceptions to the two-year statute of limitations in medical malpractice cases, including:
- If you discovered your injury at a later time, the two-year limitation period will begin once you discovered your injury or should have become aware of your injury. This is common in surgical errors, as a patient may be unaware of their injuries until symptoms develop.
- Minors will have two years from their 18th birthday to take legal action (except in birth injury cases).
- For a birth injury claim caused by medical malpractice, a lawsuit must be filed before the child’s 13th birthday.
Claims Against Public Entities
For claims involving a public entity, a plaintiff must file a Notice of Claim within 90 days of the date of injury (under the New Jersey Tort Claims Act). After this time, the plaintiff can file a claim with the appropriate court. The Tort Claims Act is designed to protect public entities from being sued. This may include hospitals owned by the county, state, or municipality, as well as other affiliates.
Meet Our Dedicated Medical Malpractice Attorneys Today
We trust hospitals to provide us with the utmost care, but medical errors still occur. If you or your child has been harmed due to a physician’s oversight, reach out to our Cherry Hill medical malpractice lawyers. Given the two-year deadline, you must take quick legal action. Our legal team will evaluate your case to determine what course of action is right for you. To arrange a free consultation with one of our attorneys, contact Ginsberg & O’Connor today online or by phone at (856) 727-1991.