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When To See A Lawyer (Statute Of Limitations)
It is important to talk to a lawyer as soon as you suspect you or a family member has been the victim of medical malpractice.
New Jersey has a statute of limitations for medical malpractice lawsuits. If you fail to file before the deadline expires, you may be left with no legal recourse. It is also beneficial to file the claim sooner than later, while recollections are fresh and before medical records become lost, altered or destroyed.
Don’t let time run out on your legal case
Ginsberg & O'Connor can take action to preserve your legal rights. Arrange a free case evaluation of your possible medical malpractice suit. Our firm serves Burlington County, Camden County and surrounding New Jersey.
The Medical Malpractice Statute Of Limitations
New Jersey law generally permits a case to be filed up to two years from the date the malpractice was committed. If you tried to sue after this statutory window, you might be barred from bringing a lawsuit.
However, there is an exception to this principal. The discovery rule permits the filing of a lawsuit two years from the date the patient had reason to believe malpractice occurred, thus extending the strict two-year period . An example might be cancer that went undiagnosed at a treatable stage; it might be more than two years since the doctor or hospital technician made the error that allowed the cancer to go unnoticed.
Additionally, a malpractice complaint brought on behalf of a minor must be brought within two years of the occurrence of the malpractice or within two years of when the malpractice could have reasonably been discovered, or prior to the child’s 13th birthday (whichever is later). An example might be the delayed onset of the symptoms of cerebral palsy from childbirth trauma, or developmental problems with a child’s bones or organs linked to negligent medical treatment years earlier.
There Is Little Margin For Error
As demonstrated by these rules, determining the statute of limitations on malpractice can be a complicated process. Sometimes litigation hinges not on the medical error itself, but whether the lawsuit was filed in timely fashion or whether the statute of limitations ought to be extended.
Therefore, it is important to contact a lawyer as soon as practical whenever you suspect that you or a family member was injured by medical malpractice.
Gary Ginsberg is a certified trial lawyer with a long record of holding negligent medical providers accountable. He leads a team of experienced attorneys who are qualified to negotiate a favorable settlement or present your case to a jury.
Call our Mount Laurel office toll free at 800-598-3944, or contact us online to arrange a free initial consultation. We take malpractice cases on a contingency fee basis, meaning that you owe no attorney fees unless we recover monetary damages for you.