Legal Question in Medical Malpractice in New Jersey

Dismissal with prejudice - minor child

I was guardian ad litem for my son, a minor, diagnosed with various medical problems. My attorney at the time sent me a letter saying it would no longer be feasible to handle the case and said I had 30 days to get an expert. The expert he initially had submitted a report on the actual birth (where there was no problems) instead of the four days preceding the birth when a C section should have been done. The expert was not a high risk doctor. I had no idea how to do get an expert. the next thing I knew I received a letter saying my son's case was dismissed with prejudice. This was in 1995. My son is now 12. I recently came across another person in the medical community that looked at my file and told me the doctor's deviation from the standards of medical care was so blatant, ''how can you sleep at night?''

What I want to know is I have been told that it is rare for a case to be dismissed with prejudice when a minor child is involved, that the statute doesn't expire until my son is 20. He is now experiencing more problems than initially anticipated.

My concern is my son's life after I am gone. Is there any way to open this up again with the new information I have on behalf of my son?

3 Answers from Attorneys

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