Medical Attorney Malpractice Case: Time Matters

Medical attorney malpractice cases arise when a doctor makes a mistake that harms a patient. Most doctors perform admirably. However, sometimes a doctor will make an error. He or she will not comply with the prescribed medical standard of care. If that lapse harms a patient, the patient is entitled to compensation.

But not forever. In New Jersey, there is a two-year deadline to sue for medical malpractice. The deadline begins to run the day the doctor commits malpractice. Accordingly, if the medical attorney malpractice case is not filed within such time, the patient loses the right to sue. No matter how badly the doctor messed up.

In some cases, the deadline to sue can be longer than two years. For example, if a victim could not reasonably have known until after the date of the error that the doctor committed malpractice, the two years will not begin to run until the date that the victim should have realized that the doctor may have harmed him. A minor generally has two years from the time he or she reaches age eighteen to sue. For birth injuries for those born after July 2004,  the two-year deadline starts at age 13.

Does this mean that you can first consult a lawyer twenty-two months after your doctor commits malpractice? Not if you want to have a successful outcome. Indeed, recently a victim did exactly that, and nearly lost her claim as a result.

Don’t Wait Too Long to Assert Your Claim

medical attorney malpractice case

Medical attorney malpractice cases often take months to investigate. Medical records are often not easy to obtain. Therefore, if you wait too long to consult a lawyer, the lawyer may not be able to prepare your case in time.

If you think that you may have suffered medical malpractice, don’t delay. Consult an experienced medical malpractice lawyer immediately.


Leave a Reply

Your email address will not be published. Required fields are marked *

This site uses Akismet to reduce spam. Learn how your comment data is processed.