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Home  >  Articles  >  Statute of Limitations and the Discovery Rule

Statute of Limitations and the Discovery Rule

Generally speaking, medical malpractice claims must proceed within a well-established time frame known as a statute of limitations. According to the New Jersey statute of limitations, a person may not file a malpractice claim more than two years from the date of malpractice. However, the law does allow for the realities of such a situation by extending the period to two years from the date that a patient first discovers or has reason to believe that he or she has been the victim of malpractice.

It is important to act quickly once you become aware that a doctor or other medical professional’s negligence has harmed you. Contact the New Jersey medical malpractice attorneys of Levinson-Axelrod, P.A., at 800-346-5529 today to learn more about your legal rights and the potential merits of pursuing legal action in your case.

What is the Discovery Rule?

Although the statute of limitations clearly states that a claim must be brought within two years of an injury, this time period works under reasonable expectations. The discovery rule applies to the statute of limitations, granting claimants the ability to file a claim outside of the two year limit. According to the discovery rule, a claimant’s filing period does not begin until the following:

  • They have realized they were injured
  • They were tested or diagnosed with an injury
  • They reached the age of 18 and realized they were injured at a younger age

For many, it is unreasonable for them to connect a lingering pain directly to a mistake their physician could have made years ago. However, after receiving a proper diagnosis from another doctor, that two-year limitation may begin.

Contact Us

If you have been injured or developed a disability because of a doctor’s negligent behavior, there may be legal options available. To learn more about your rights and options, contact the New Jersey medical malpractice lawyers of Levinson-Axelrod, P.A., by calling 800-346-5529.