Re: Malpractice suit
The statute of limitations in NJ is two years. Yes it is possible to file a suit without an autopsy of your mother's body. However, without an autopsy there is a greater likelihood that the defense attorney for the hospital will file a motion for summary judgment. Generally, most practitioners do not like to take death cases, without an autopsy.
You should also be aware that in NJ unlike NY you will need to find an expert witness who would be willing to opine in writing that your mother's death was caused by the drug. Moreover, the doctor's opinion is subject to depositions prior to trial. Due to the high NJ standards for pursuing a medical malpractice claim you may have a difficult time finding an attorney to take your case. I am licensed in NJ and have filed cases through a bona fide NJ office. If you would like, I could review your case.
I need to know the following:
- your mother's age
- your mother's health before she went to the hospital
- whether your mother was working at the time of her death
- whether your mother was financially supporting anybody
- what drug did your mom take
- was she explained the risks/ benefits of the drug
- do you have power of attorney
- are you the executor/administrator of your mother's estate
If interested, please answer these questions for me.
Thanks,
Jason Kessler