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Effects of NJ Statute of Limitations on Medical Malpractice Lawsuits

Posted By Anapol Weiss on this April 19, 2016 at 11:30 am

New Jersey limits the amount of time injured patients and their families have to bring a medical malpractice lawsuit. It’s important for those who suspect they were harmed by malpractice to know about these laws to ensure they are able to protect their legal rights.

A state’s statute of limitations refers to specific deadlines for filing a lawsuit. In New Jersey, a person injured by medical malpractice must file suit within two years of the alleged incident. Failing to file within this time frame can forever bar a victim from obtaining justice and compensation.

There are a few exceptions, however. Under the discovery rule, for example, the statute of limitations does not begin running until the date victim knew or reasonably should have known about the injury and that the injury occurred as a result of a medical professional’s conduct. Further, the New Jersey statute of limitations may be extended if the defendant left the state after committing the malpractice, or if the injured patient is mentally ill or mentally disabled.

There are special filing deadlines for minors and their parents or legal guardians. The statute of limitations for minors in New Jersey does not begin running until the child’s 18th birthday. One exception is a lawsuit involving injuries sustained at birth, which must be commenced prior to the child’s 13th birthday.

It’s important to contact a qualified law firm to protect your legal rights as soon as you suspect malpractice has occurred. A New Jersey medical malpractice lawyer can then discuss with you these deadlines and other factors that could affect your case Contact Anapol Weiss for assistance if you were hurt by a medical mistake. We can help.

Topics Medical Malpractice