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Going in for surgery is often stressful, but discovering that a preventable medical error occurred during or after your procedure can be devastating. If you’re facing unexpected complications and additional medical bills due to postsurgical negligence, you might be wondering: how long do you have to take legal action?
Fortunately, New Jersey medical malpractice attorneys can guide you through this complex process if you suspect medical malpractice. But first, keep reading to learn the rules and timelines that may apply to your medical malpractice claims.
What is Post-Operative Medical Malpractice?
Medical malpractice happens when a healthcare professional fails to meet the standard of care, resulting in harm to the patient. Postsurgical negligence falls under this umbrella, covering a variety of potential mistakes and surgical errors by doctors and other medical professionals, including:
- Failure to Diagnose or Treat Postoperative Infections
- Inadequate Postoperative Monitoring
- Failure to Provide Proper Postoperative Instructions
- Premature Discharge from the Hospital
- Failure to Recognize and Treat Blood Clots (Deep Vein Thrombosis)
- Negligent Pain Management
- Neglecting to Identify Post-Surgical Complications
- Delayed Treatment of Postoperative Complications
- Delayed Response to Anesthesia Errors
Medical professionals are held to high standards, and when those standards aren’t met, patients suffer. But how do you know if you have a medical malpractice case, and more importantly, how long do you have to file a claim in New Jersey when medical malpractice occurs?
New Jersey Statute of Limitations for Medical Malpractice Cases
The law doesn’t give you forever to decide if you want to file a lawsuit. In New Jersey, the statute of limitations for most NJ personal injury cases including medical malpractice cases is two years. This two-year period begins when you discover what the medical professional did or should have reasonably discovered that the injury occurred.
For instance, let’s say a surgeon accidentally left a sponge inside a patient, and it wasn’t discovered until months later during a follow-up scan. In this case, the two-year clock would start not on the day of the surgery but when the sponge was discovered and linked to the patient’s symptoms and medical condition.
This rule is called the discovery rule and is especially important in cases where the harm isn’t immediately apparent. Keep in mind that even with the discovery rule, you can’t wait indefinitely. Courts will expect that you take reasonable steps to uncover the issue once symptoms arise.
Special Considerations: Minors and Birth Injuries
If the patient is a minor, New Jersey law provides additional protections. The statute of limitations for minors is extended. Minors have two years after their 18th birthday to file a claim. So, if a 16-year-old experiences postsurgical negligence, they have until they turn 20 to take legal action.
For birth injuries, a special exception applies. Children injured during birth have until their 13th birthday to file a lawsuit. This extended period is designed to give families time to understand the full extent of injuries that may not immediately be apparent.
Filing a Medical Malpractice Lawsuit in New Jersey: Key Steps
Once you’ve determined that you may have a valid claim, the next step is understanding the legal process involved in bringing a lawsuit for postsurgical negligence.
In New Jersey, plaintiffs in medical malpractice cases must file an affidavit of merit. This affidavit, written by a qualified medical expert, states that there is a reasonable probability that medical negligence occurred because the healthcare provider’s actions did not meet the accepted standard of care. Essentially, this is your expert backing up your claim that negligence occurred.
Without this affidavit, your case may be dismissed before it even gets started. Given the importance of this document, working with skilled medical malpractice lawyers who can connect you with qualified medical experts is essential.
Proving Medical Malpractice
To prove a medical malpractice claim in court, you need to establish four key factors:
- Duty of Care – The healthcare provider owed you a duty of care.
- Breach of Duty – The provider failed to meet the standard of care for medical treatment.
- Causation – The breach caused your injury or worsened your condition.
- Damages – You suffered harm that resulted in financial, emotional, or physical damages.
These elements require thorough documentation, medical records, and expert testimony, so acting quickly is essential.
Don’t Wait — Protect Your Rights Today
If you believe you’ve been a victim of postsurgical negligence, don’t wait until it’s too late to act. The legal system offers protections, but only if you move within the correct timeframe. By consulting with an experienced New Jersey medical malpractice attorney, you can navigate this complicated process and secure the compensation you deserve when a healthcare provider fails in their duty of care. Remember, time is of the essence, so take the first step by contacting our office today.