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What is the statute of limitations for filing a medical malpractice case?

Generally speaking, a New Jersey medical malpractice lawyer has two years from the date of the client’s injury to file a medical malpractice lawsuit. In some cases, a patient’s injury or harm isn’t immediately apparent after a medical procedure or surgery. Injuries may require specific training to recognize, and a patient may not know the cause of his or her injuries. Under the discovery rule, the two-year window for bringing a claim may be extended to start from the date the patient first learned, or should have learned, of the alleged negligence on the part of the doctor or hospital.

Medical malpractice cases are complex and costly to win. You should only hire a New Jersey injury lawyer who has experience handling malpractice cases and is well recognized as a NJ medical malpractice attorney.

The law firm of Davis, Saperstein & Salomon, P.C., representing clients throughout New Jersey, is highly regarded throughout the state for the quality of the counsel and legal representation that our medical malpractice attorneys provide. The focus of our practice is representing people who were injured in hospital and birth-related accidents caused by negligent physicians, nurses or other hospital workers. We are justifiably proud of our record of success in representing more than 20,000 accident victims in cases including medical malpractice, defective drugs, automobile accidents, motorcycle accidents, and other kinds of personal injury accidents. We have obtained millions of dollars in settlements and verdicts on behalf of our clients.

Birth-related injuries are subject to a separate statute of limitations for minors born after July 2004, which now requires lawsuits to be filed prior to age thirteen. For children born prior to July of 2004, the statute of limitations remains two years beyond the age of eighteen, or until age twenty.

For medical malpractice cases, there is a two-year discovery rule that, under certain circumstances, can extend the statute of limitations to two years from the date the injured knew or should have known that he or she suffered an injury due to medical negligence.

A 90 day tort claims notice requirement may apply if the malpractice was caused by a physician or medical worker employed by the State, County or State medical schools, such as UMDNJ, or if the malpractice occurred at a State or County Hospital. This means that a special form called a Tort Claims Notice must be completed and filed with the State and various governmental entities no later than 90 days after the event occurred or became known to the injured person. There are few exceptions to this rule. Failure to abide by this notice period may invalidate any claim you may have.

The determination of the exact date when the statute of limitations begins to run for professional malpractice negligence claims may require a highly technical analysis by a lawyer and may even require a ruling by a New Jersey Superior Court Judge. For that reason, it is recommended that any survivor or victim of medical malpractice consult with a New Jersey lawyer skilled in professional negligence claims as soon as possible.

Call our healthcare negligence lawyers today at (800) LAW-2000 or use our online form to receive a free initial consultation. Translators for all languages are available.

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