What is the Statute of Limitations on Pediatric Malpractice in New Jersey?

By Greg Kohn

In New Jersey, the statute of limitations for filing a lawsuit related to medical malpractice is two years from the date the malpractice was discovered, or the malpractice should have been discovered. However, there are exceptions to this two-year rule for suing for medical malpractice that could extend the length of time to file a lawsuit, such as when the lawsuit involves a child. On the other hand, there are also exceptions that could shorten the time to provide notice of the alleged malpractice, as in the case of a medical professional or medical facility performing services through the state of New Jersey.

Because the Statute of Limitations for medical malpractice can be complicated, it is best to consult with a New Jersey pediatric malpractice attorney as soon as you believe your child may have been the victim of medical malpractice.

Deadlines to File Medical Malpractice Lawsuits Involving Minors

When the victim of medical malpractice is a minor, the statute of limitations may be extended in some cases. For a pediatric medical malpractice claim, the deadline for filing a lawsuit is two years from the child’s 18th birthday. The law recognizes that a minor does not have legal standing to file a lawsuit on his or her behalf.  Therefore, it extends the time to file a lawsuit related to pediatric medical malpractice until two years after the child reaches legal age. The extension of time ensures that if a child is injured through medical malpractice, the child can file a lawsuit on his or her own behalf if the parents neglected to do so for whatever reason.

However, the deadline for filing a lawsuit for birth injuries is different. If the malpractice involves a birth injury, a lawsuit must be filed within two years of the child’s 18th birthday only if the child was born before July 2004. However, if the child was born after July 2004, the malpractice lawsuit for birth injuries must be filed before the child’s 13th birthday.

As stated above, there could also be other exemptions to the Statue of Limitations for filing a pediatric medical malpractice lawsuit. Therefore, it is best to consult with a New Jersey pediatric malpractice attorney as soon as possible.

What Constitutes Pediatric Malpractice?

Pediatric malpractice cases cover a wide range of injuries that arise when physicians fail to diagnose a medical condition or misdiagnose a medical condition. Pediatric malpractice may also involve many of the same issues that a medical malpractice case for an adult involves. In addition to misdiagnosis and failure to diagnose a medical condition, common issues that might give rise to a pediatric malpractice claim include:

  • Surgical errors
  • Medication errors
  • Anesthesia errors
  • Preoperative or postoperative negligence
  • Delay in treatment
  • Failure to perform diagnostic tests

Contact a New Jersey Pediatric Malpractice Attorney for More Information

If a medical provider has injured your child, your child has the right to recover compensation for his or her injuries. Contact the New Jersey medical malpractice attorneys at Nagel Rice, LLP today to discuss your situation. We can help you protect your child’s legal right to seek justice for an injury sustained through pe

About the Author
Greg Kohn is a partner at Nagel Rice and specializes in complex civil litigation cases, including professional malpractice, personal injury, class actions, wrongful death, products liability, and commercial litigation.  He has extensive experience representing clients in both state and federal court. Greg has tried many jury trials to verdict and has recovered over $50 million in settlements and verdicts in all types of personal injury matters including automobile accidents, wrongful death cases, slip and falls, and other catastrophic injury cases. Greg also handles medical malpractice cases, involving misdiagnoses, wrongful birth, and delayed cancer diagnosis. If you have questions regarding this article, you can contact Greg here.