Is There a Time Limit to File a Medical Malpractice Claim in New Jersey?

 

A: The statute of limitations in New Jersey for medical malpractice cases is two years from the discovery of the malpractice or from when the patient should have reasonably discovered that malpractice occurred. To be on the safe side it is best to try to calculate your medical malpractice statute of limitations from the date that the injury was sustained. Of course this does not mean that if more than two years has passed since the malpractice has occurred that you cannot sue; however, the court will look at when you discovered or should have reasonably discovered that malpractice occurred.


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