How much time do I have to file a case of medical malpractice?

New Jersey’s Statute of Limitations allows you to file a lawsuit within exactly two years from the date that malpractice occurred, or the date upon which you reasonably became aware that malpractice had occurred. For an infant, the Statute of Limitations runs two years from the date of his or her 18th birthday.

A note of caution involving cases involving injuries at birth – in 2004, the New Jersey Legislature enacted a change in the applicable Statute of Limitations. In an action filed on behalf of a minor that accrues for injuries sustained at birth, the case must be filed prior to the minor’s 13th birthday. N.J.S.A. 2A:14-12. This statute applies to births occurring after the enactment date in 2004, but is an important concern.

Persons contemplating a medical malpractice claim should be aware, however, that a thorough investigation of medical reports by an expert must be undertaken by an attorney prior to the filing of any malpractice lawsuit. Therefore, they should seek legal advice as soon as possible.

Additionally, there are special time requirements for filing of a Tort Claim Notice in situations involving a state or county-owned medical facility. The time period within which you must file such a notice is usually 90 days. Since, you may not be aware if your health care provider is working for a public entity, it is important that you consult with an attorney as soon as possible.