Medical Malpractice Attorney in Parsippany, New Jersey

Can I still bring a medical malpractice case if I didn’t realize anything was wrong until years later?

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The answer to that question is yes, you can. Um, and it gets a little tricky in medical malpractice because we have what’s called a discovery rule.
Generally, there’s a two-year statute of limitations for um, bodily injury claims in New Jersey. That’s the general rule.
But let’s use a a far-fetched example.
Let’s say the doctor leaves a sponge in the pa in the patient during a surgery and the person is completely fine, has
no idea that the sponge is in them until three years after the surgery and then he begins to have problems and discovers
the sponge is there. He can still bring the lawsuit at that point in time because he discovered the malpractice
when he began to have symptoms. And he would have no idea that the sponge was even in him until the symptoms began to materialize.

Parsippany, NJ personal injury attorney Christopher Masmunno talks about bringing a medical malpractice case years later when you realized something is wrong. He discusses how the statute of limitations works in medical malpractice cases, explaining that while New Jersey generally imposes a two-year deadline for filing bodily injury claims, certain exceptions may apply. He points out that the discovery rule can extend the filing period when a patient could not reasonably have known that malpractice occurred. To illustrate, he describes a situation in which a surgeon leaves a sponge inside a patient during surgery, but the patient does not experience symptoms or discover the mistake until several years later. In that circumstance, the patient may still have the right to pursue a claim because the time limit begins when the malpractice is discovered rather than when the procedure originally took place.

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