Is My Medical Negligence Claim Valid?
New Jersey, like many states, imposes restrictions on medical malpractice claims including who can file and how much time they have to begin the claims process. Pursuing a medical malpractice claim is arduous, so you want to be certain you have a valid claim. Below are the questions you will have to answer to prove malpractice:
- Was there a doctor-patient relationship between both parties?
- Was a physician or medical professional negligent?
- Did their negligence cause you harm?
- Did you suffer financial losses because of a medical professional’s actions?
If you answer “Yes” to the above questions, you may be eligible for malpractice compensation, but your claim won’t be allowed to go forward unless you obtain and an affidavit from an expert. You must submit your affidavit within 60 days of receiving the defendant’s response to your filing.
New Jersey Statute of Limitations for Medical Malpractice
Standard Statute of Limitations
The standard statute of limitations for medical malpractice claims in New Jersey is two years from the date of injury.
Discovery Rule
In many cases, the malpractice is not detected immediately, and victims discover the mistake months or years later. The statute of limitations in these cases is two years from the date an injury is discovered. A common example of when the discovery rule applies in instances in which a surgical instrument, gauze, or sponge are left inside the patient.
Claims Involving Minor Children- The statute of limitations for minor children doesn’t begin to run until the victim’s 18th birthday.
If you plan on filing a medical negligence claim, you will need to visit one of the following civil courts:
Atlantic County Civil Courts
1201 Bacharach Blvd, Atlantic City, NJ 08401
Superior Court of NJ
Union County Courthouse, 2 Broad St, Elizabeth, NJ 07201
Superior Court Civil Division
118 Washington St, Toms River, NJ 08753
