Mammano, Aloi & Mulvihill, PC
Free Consultation: 856-336-5949 / 866-599-6461

What is New Jersey's statute of limitations for birth injuries?

A birth injury can bring a variety of traumas to a New Jersey family. While countless things can go wrong in the delivery room, most of these don't cause severe injury or permanent damage. Some birth injuries, though, can cause permanent disability or otherwise result in irrevocable medical harm. In such situations, families are likely to be in profound need of compensation for damages. A New Jersey medical malpractice attorney can show a family how such damages can be sought through a medical malpractice suit.

One important thing every family affected by birth injury needs to know is that there is a statute of limitations for medical malpractice. In New Jersey as well as in many other states, there is a time limit regarding how long a family or individual has to bring forth a lawsuit against a negligent doctor, hospital or other responsible entity. Since birth injuries occur when the victim is sometimes literally still in the womb, families may wonder what the statute of limitations is regarding birth injury in New Jersey.

In general, New Jersey's statute of limitations for malpractice is two years. However, with birth injuries things are understandably a bit different. A family of a minor harmed at birth by medical negligence typically has until the child turns 13 to bring forth a suit. In some instances the minor may bring forth a suit themselves, so long as their parent or guardian has not already initiated a suit prior to the minor's 12th birthday. In some situations the minor may request the court appoint them a guardian ad litem who has the power to act on that minor's behalf.

Doctor errors that take place during birth can be devastating to local families. A birth injury can cause victims to incur enormous costs, both financial, physical and emotional. Parents and guardians don't have to face these circumstances alone, though. A New Jersey medical malpractice attorney can provide legal advice, explain the costs of birth injuries and pursue compensation for families.

Source: New Jersey Permanent Statutes Database, "2A:14-2: Actions for injury caused by wrongful act, appointment of guardian ad litem," accessed March 8, 2016

No Comments

Leave a comment
Comment Information
Subscribe to This Blog's Feed FindLaw Network