Legal Question in Medical Malpractice in New Jersey

Re: Appendectomy

From the facts you have provided, I don’t see a medical malpractice case that I would pursue.

Another attorney may feel differently, so I encourage you to seek additional opinions if you believe you may have a case.

Under NJ law, you have a maximum of two years to file a lawsuit from the date of injury, i.e. the Statute of Limitations for a claim is two years. In this case, which occurred 4 or 5 years ago, the Statute of Limitations puts you out of court.

There are a number of exceptions that temporarily extend the Statute of Limitations, most notably if you were a minor (under 21) at the time or if you could not have discovered the injury, but from the facts you have provided, I don’t see that an exception applies.

Additionally, there are 4 elements,ALL of which have to be met, to pursue a malpractice case:

1) Duty; 2) Breach of the Standard of Care; 3) Damages and 4) Causation.

From what you have said, you certainly satisfy #1, and probably #2, as 11 hours sounds like too long a time to be sitting with possible appendicitis.

However, you haven’t explained how you were damaged. If anything, the fact that you are not certain if your appendix burst, suggests that you came through the ordeal relatively unharmed.

On this basis, I would not have investigated this possible claim.

Another attorney may feel differently, so I encourage you to seek additional opinions if you believe you may have a case.