Archive for September, 2011

Birth Injury Statute of Limitations

By admin

Tuesday, September 20th, 2011

[Reviewed by Andrew M. Rockman, Esquire,
 Senior Partner, Medical Malpractice Department]

Although the New Jersey Statute of Limitations for a medical malpractice action is two (2) years from the date the patient / plaintiff knew or should have known he or she was victimized by malpractice, prior to 2004, an infant victimized by medical malpractice at birth was given a much more liberal timeframe.  He or she could file a lawsuit at any time up to the date of  their twentieth (20th) birthday.

However, parents and/or guardians of minor children should be aware that as of June 2004 (effective July 2004), the Statute of Limitations was decreased for a minor or infant suffering an injury at birth, now requiring that a lawsuit be filed PRIOR to the child’s thirteenth (13th) birthday.  It must be strongly emphasized that this CHANGE APPLIES ONLY to an injury suffered at birth or that occurs during the birthing process, as the result of the negligent act of a healthcare provider.

A minor that suffers an injury resulting from medical negligence, either during the course of infancy, childhood or adolescence, remains able to claim the benefit of the extended Statute of Limitations, lasting until their twentieth (20th) birthday.  For specific reference, see N.J.S.A. 2A:14-2.

The above is provided for informational purposes only.  If you believe your child may have any type of potential medical malpractice claim, you must and should always consult directly with an attorney as soon as possible to determine what timeframe limitation may be applicable to your child’s specific circumstances. There are other time restrictions that might apply, depending upon who committed the malpractice and where.  Again, you should consult with an attorney so that you know your rights and the obligations you have, to protect whatever claim you or your child might have.

If you believe you or your child may have been victimized by medical malpractice, please contact our office at (800) 432-LAWS.