Medical Malpractice Filing Deadlines
If you are injured as a result of medical malpractice, it puts you in a very difficult position that may leave you feeling unsure of how best to proceed. The fact is, however, that you are allotted only a brief two years to file a medical malpractice lawsuit in New Jersey to recover your losses. The good news is that, while you focus on regaining your health and well-being, you can count on an experienced medical malpractice attorney at Ginsberg & O’Connor to handle your claim ably.
The Statute of Limitations
Every state implements a time limit for filing medical malpractice lawsuits, and in New Jersey, it is a mere two years. The clock begins ticking at the point that you recognize you were injured by medical malpractice or at the point that you reasonably should have recognized this fact. This can mean that at the time medical malpractice occurred, but it may not.
Not Every Mistake Amounts to Medical Malpractice
The fact that you were injured because of a medical professional’s error does not necessarily mean that you have a medical malpractice claim. For medical malpractice to apply, the medical professional in question must have deviated from the standard of care upheld by their professional peers.
Professional peers are other medical professionals at the same level of expertise. If your doctor failed to do something, other doctors at their level would have done so, or if they took some action, other doctors at their level would not have under similar circumstances, which can support an MM claim.
The Discovery Rule
The discovery rule determines when the statute of limitations timeframe begins in New Jersey. For example, if a medical implement was left inside you during surgery, this error, which is considered a never event, may not lead to immediate complications.
The discovery rule pinpoints the time that the statute of limitations begins. This is the point at which you recognize you suffered surgery-related harm or the point at which the harm manifests to the degree a reasonable person would have sought medical help.
Medical Malpractice Claims Are Legally Complex
Medical malpractice can leave you worse off than you were before you sought medical help in the first place. To make matters worse, you can expect your claim to be legally complex for all the following reasons:
- Establishing that the medical professional caused you to be injured typically requires the testimony of expert witnesses.
- The same is true when it comes to proving the scope of your losses, which your settlement will be based upon.
- You can expect the involved insurance company to do everything it can to deny your claim or to minimize your settlement.
In other words, you should not wait to consult with a trusted medical malpractice attorney.
Talk With Our Experienced Medical Malpractice Lawyers
The compassionate Cherry Hill medical malpractice attorneys at Ginsberg & O’Connor have the experience, legal insight, and knowledge to help you recover on your full range of covered losses, and we welcome the opportunity to help. Learn more by contacting us online or by calling our firm at 856-727-1991 today.