What’s the statue of limitations to sue a doctor and hospital for malpractice?
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What’s the statue of limitations to sue a doctor and hospital for malpractice?
My friend had breast cancer in both breast. During surgery they placed an expander in her. They didn’t say this was supposed to be removed once she began chemo and radiation therapy. She developed high fevers but whenever she called the doctor’s office she was told not to worry. She ended up needing a second expander and she developed complications. Her doctor has canceled numerous follow-up appointments and seems to have an air of
Asked on June 3, 2018 under Malpractice Law, New York
Answers:
S.L,. Member, California Bar / FreeAdvice Contributing Attorney
Answered 6 years ago | Contributor
In New Jersey, the statute of limitations for filing a lawsuit in a medical malpractice case is 2 years from the date your friend discovered she was harmed by medical malpractice.
A lawsuit can be filed in the state where the plaintiff (the party suing) resides or in the state where the defendant (party being sued) resides or in the state where the incident giving rise to the lawsuit occurred.
If the doctor or hospital are located in New York, that state has a 2 1/2 year statute of limitations for filing a lawsuit in a medical malpractice case. It is 2 1/2 years (30 months) from the date of the alleged negligent action or omission that caused the patient's injury.
Your friend needs to file the lawsuit immediately so as not to miss the 2 year statute of limitations in NJ.
If she misses the NJ statute of limitations, but the doctor / hospital are located in another state, she could file the lawsuit in that state where the defendants are located or where the malpractice occurred.
If the statute of limitations expires, your friend has lost her rights in the matter forever.
S.L,. Member, California Bar / FreeAdvice Contributing Attorney
Answered 6 years ago | Contributor
In New Jersey, the statute of limitations for filing a lawsuit in a medical malpractice case is 2 years from the date your friend discovered she was harmed by medical malpractice.
A lawsuit can be filed in the state where the plaintiff (the party suing) resides or in the state where the defendant (party being sued) resides or in the state where the incident giving rise to the lawsuit occurred.
If the doctor or hospital are located in New York, that state has a 2 1/2 year statute of limitations for filing a lawsuit in a medical malpractice case. It is 2 1/2 years (30 months) from the date of the alleged negligent action or omission that caused the patient's injury.
Your friend needs to file the lawsuit immediately so as not to miss the 2 year statute of limitations in NJ.
If she misses the NJ statute of limitations, but the doctor / hospital are located in another state, she could file the lawsuit in that state where the defendants are located or where the malpractice occurred.
If the statute of limitations expires, your friend has lost her rights in the matter forever.
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