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 ??


Asked on 4/11/00, 12:15 pm

1 Answer from Attorneys

Raymond David Marquez R. David Marquez, P.C.

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.

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Answered on 4/21/00, 5:16 pm


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