If you sustain an injury or develop a complication at the hands of a healthcare provider, you may be entitled to compensation through a medical malpractice claim. To file a successful claim, however, you must get certain things right. You must prove that the healthcare provider owed you a duty of care and that they failed in their duty of care, leading to specific injuries.
It is important to understand that you can file a medical malpractice claim against either the healthcare provider or the hospital. For instance, you could sue the hospital if it willfully hires and retains the services of an unqualified or deregistered professional or if your injury had something to do with fatigue due to understaffing.
But even with a strong case, your claim may be denied if you do not file within the statute of limitations period.
The statute of limitations
This is a legal limit in place to encourage timely resolution of lawsuits while avoiding unreasonable delays.
New Jersey statute of limitations law gives you two years from the date of the injury to initiate a case against the liable party. The two-year period can also begin from the date you reasonably discovered that you were harmed. And if the injury is birth-related, then you must bring your claim before the minor’s 13th birthday.
An injury at the hands of a healthcare provider can be devastating. Understanding the state’s negligence and medical malpractice laws can be a great starting point when pursuing a medical malpractice claim.