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What is the Statute of Limitations for Filing a Medical Malpractice Case in NJ?

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What is the Statute of Limitations for Filing a Medical Malpractice Case in NJ?

What is the Statute of Limitations for Filing a Medical Malpractice Case in NJ?

When you schedule an appointment with your medical provider or undergo a medical procedure with a doctor, you expect them to provide you with the care and medical expertise that you deserve. You entrust your health and care to your medical providers, so when they make a mistake, you may not know where to turn.

What is the Statute of Limitations for Medical Malpractice Cases in New Jersey?

Traditionally, you can file a medical malpractice case against a medical provider in New Jersey for up to two years from the date of the mistake. In cases where it may not be possible to recognize the effects of a medical mistake, the timeline may be two years from the date that you should realize a mistake was made.

Going beyond this statute of limitations could lead to your case being thrown out in court. For this reason, it’s important to investigate any suspicions you might have as soon as possible.

New Jersey has recently updated its laws on childbirth injuries. Parents who believe their child may have been the victim of medical malpractice must file a lawsuit by the time the child turns age 13 if the child is born after July 2004. Children who were born prior to July 2004 have until the child turns 20 years.

There are some situations that may extend the statute of limitations of New Jersey medical malpractice cases. For example, New Jersey allows for a two-year discovery that may extend the time limit by two years, which can give you time to further investigate the possibility of medical malpractice.

What is a Medical Malpractice Case?

Medical malpractice is a phrase used to describe a situation when a medical provider is negligent in their care, leading to injuries. This may include:

  • A doctor failed to order the necessary tests despite symptoms being present.
  • A labor and delivery nurse failing to safely deliver a baby.
  • A nurse who doesn’t monitor the vitals of a newborn baby.
  • A doctor ignoring a patient’s symptoms.

While these are just a few common scenarios of medical malpractice, they may cover any situation in which a doctor doesn’t exercise good judgment and professional duty of care for their patients. One of the biggest difficulties with medical malpractice cases is that patients may not always realize that the outcome was due to a medical mistake.

For example, a baby may be born with cognitive difficulties and the parents may believe that it was something they did, or that the baby was just born like that. However, in some cases, a medical mistake can lead to newborn distress, which may ultimately lead to cognitive difficulties.

Injured By a Medical Provider’s Mistake?

If you were injured by a medical provider’s mistake, it’s important that you consider your options as soon as possible. It’s not always easy to follow New Jersey’s medical malpractice statute of limitation laws, so discussing the details of your case with a lawyer as soon as you realize the mistake is crucial.

Contact A Medical Malpractice Attorney for a Consultation About Your Medical Malpractice Case in New Jersey

Were you or a loved one injured due to medical malpractice in New Jersey? Then you need to talk to an experienced medical malpractice lawyer as soon as possible for guidance on how to proceed. The Camden medical malpractice attorneys at the Law Offices of Andres & Berger P.C. are prepared to assist you with your legal claim. We represent victims of negligent surgeons, doctors, nurses, and pharmacists throughout New Jersey, including Cherry Hill, Winslow, Voorhees, and Lindenwold. Call us today at (856) 795-1444 or fill out our online contact form to schedule a consultation. Our main office is located at 264 Kings  Hwy E, Haddonfield, NJ 08033.

The articles on this blog are for informative purposes only and are no substitute for legal advice or an attorney-client relationship. If you are seeking legal advice, please contact our law firm directly.

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Sharon Smith

Mike Berger and staff were professional, pleasant, strategic and knowledgeable. The office always kept me informed about my case and moved the case along quicker than I expected. I would highly recommend them to anyone !!

Kathryn N.

Thank you from the bottom of my heart. Reliable, honest, driven, knowledgeable, compassionate, and highly respected among colleagues and medical professionals [...] fought for me during times when I wasn’t strong enough to fight for myself. The Andres & Berger law firm understands Complex Regional Pain Syndrome (CRPS) [...] thank you for your support and guidance over the years.

Mike V.

Mike Berger of Andres & Berger handled my case over a six year period. He and the team examined every detail to get the best outcome. They were honest, candid and communicative throughout the whole process. It was a long ordeal but could not have been handled more professionally. I highly recommend.

Yadira R.

I just want to say thank you for what you have done for me and my family throughout the years. You made us feel like family, not just clients. You were always very detailed when it came to our cases and tried everything in your power to get us all the help we needed.

Gregory W.

Our family appreciated your unfailing attention to detail. There were last minute snags, we seldom worried that something would fall through the cracks, but you anticipated every contingency. Your firm demonstrated a veracity for the truth, a strong work ethic and overall impeccable character in dealing with our case.

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