The Statute of Limitations in New Jersey Medical Malpractice Cases
In 2017, a $6 million verdict was awarded in a New Jersey medical malpractice case, marking the first ever case against an advanced life support system. New Jersey has a specific statute of limitations law that applies to medical malpractice cases. The purpose of these laws is that they establish a time limit on a person’s ability to initiate a lawsuit after experiencing harm. If a person attempts to initiate a legal action after the deadline has passed, a court will decline to hear the case. It is important that people who are harmed by medical malpractice make sure to initiate their cases within the applicable amount of time.
How New Jersey Defines Medical Malpractice
Each state has different laws defining what encompasses medical malpractice. In the state of New Jersey, medical malpractice includes situations where a healthcare professional deviates from the accepted standard of care, which in turn harms a patient. The standard of care refers to the accepted procedures that medical providers in the area must follow when providing care to a patient who has the same condition or is receiving the same type of treatment. In establishing harm, an accident victim will be required to prove that he or she experienced an injury while receiving medical treatment that was directly caused by the medical provider’s breach of care.
It is important for medical malpractice victims to understand that these cases can be initiated against more than just doctors. Other medical professionals that can be held responsible include dentists, nurses, midwives, psychologists, and a variety of other skilled medical professionals. In some cases, multiple medical professionals might even be responsible for an accident that harms a patient.
Requirements Created by New Jersey Law
The law in the state of New Jersey concerning statute of limitations in medical malpractice lawsuits gives a person two years in which to initiate a case from the date that the harm arose. In the case of medical malpractice, this two-year period often begins from the date that a person discovers that he or she was harmed by medical malpractice.
In addition to this two-year requirement, the state of New Jersey also has a special lawsuit rule for how birth-related medical malpractice cases must be filed. This law states that cases must be initiated before the minor’s 13th birthday. As a result, if a resident of New Jersey has a child who sustained a birth injury caused by medical malpractice, that person has 13 years in which to file a claim.
Speak to a New Jersey Medical Malpractice Attorney
Because the requirements of New Jersey’s statute of limitations for medical malpractice are strict, it is essential to act quickly if you or a loved one is harmed by medical malpractice. Failure to act in these cases can result in a person being unable to obtain the compensation that he or she deserves. Speak to an attorney at Ferrara & Gable today for assistance with your case.