What is the statute of limitations when doctors and hospitals commit medical malpractice?

When you seek medical help, you often times are putting your life in the hands of highly trained doctors, nurses, specialists and skilled care workers.  The vast majority of times, these professionals render care with great compassion and skill.  But in a few instances, mistakes are made, the care falls short and the resulting damages can last a lifetime. Medical malpractice is a serious issue because it violates the trust society puts in the hands of people we trust with our lives.

In Elizabeth, New Brunswick, Hackensack and other nearby communities, medical malpractice lawyers understand that this area of practice is highly complicated and that several important state laws can come into play when filing a claim. One of the keys in a medical malpractice claim is knowing that there is a two-year statute of limitations for filing a lawsuit that starts from the date the malpractice was committed. However, there are exceptions to this rule. If a person does not immediately know they have a medical malpractice case, the two-year rule starts from the time they reasonably became aware of an injury due to a medical professional’s lack of care.

When children are involved, the statute of limitations does not begin until the child reaches 18 years old.  The only exception here is if malpractice was committed at birth, then a lawsuit must commence before the child turns 13 years old. Statutes of limitations may also be extended if the defendant left the state after committing the malpractice or if the victim is mentally disabled.

Garces, Grabler & LeBrocq is a full service New Jersey law firm with offices in Elizabeth, Freehold, Hackensack, Newark, New Brunswick, Perth Amboy, Plainfield and Trenton.

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