Legal Question in Medical Malpractice in New Jersey
medical malpractice
is there a statute of limitation in filing a medical malpractice suit in new jersey ??
1 Answer from Attorneys
Re: medical malpractice
The Statute of Limitations for filing a medical malpricatice claim in New York is 21/2 years from the date of the negligent treatment, unless the treatment involves the introduction of a foriegn body or agent in which case the statute runs from the date of discovery; unless the injured party is an infant. In the case of an infant, the statute of limitations may be tolled, or suspended, for a maximum period of 10 years. Municipal hospitals and doctors in their employ require the filing of a notice of claim within 90 days after the negligent treatment and a summons and complaint must be filed within a year and 90 days of the the date of the negligent treatment. As for New Jersey, yes I suspect that there is a similar statutory time limit, possibly 3 years from the date of the negligent treatment in which to file an action. I don't know exactly what the period of limitation is in New Jersy, I just believe that one is imposed.