Medical Malpractice Statute of Limitations

The New Jersey medical malpractice statute of limitations puts a two-year time limit on a Plaintiff to file a medical malpractice claim. Generally, the statute begins to run on the date the Plaintiff incurs the injury. However, the Supreme Court of New Jersey has adopted a discovery rule, which provides that the cause of action does not accrue until the injured party discovers, or by an exercise of reasonable diligence and intelligence should have discovered, that he or she may have a basis for an actionable claim. This standard is objective and therefore the cause of dispute concerning the medical malpractice statute of limitations.

In Guichardo v. Delisi, 796 A.2d 891, (2002 N.J. Super.), the Supreme Court of New Jersey ruled that because of a Plaintiff patient's reasonable reliance on the expert advice of three doctors, before her consultation with a fourth doctor, as well as the absence of undue prejudice to the potentially liable doctor, the discovery rule applied, and Plaintiff’s claim against the doctor should not be dismissed as time barred.

In Caravaggio v. D'Agostini, M.D., 765 A.2d 182, (2001 N.J. Super.), the New Jersey Supreme Court found that the discovery rule applied to Plaintiff’s medical malpractice complaint against a third party, as Plaintiff knew of an injury that was the fault of another, but was reasonably unaware that a third party may also have been responsible. It held that an action did not accrue against the third party until the Plaintiff had evidence revealing their possible complicity.

The purpose of the medical malpractice statute of limitations is to force a Plaintiff to file their claim within a reasonable amount of time in order to allow a Defendant a fair opportunity to defend the suit. Therefore, not every belated discovery of an injury justifies application of the discovery rule. The crucial issue, in determining whether to apply the rule, is whether the facts would have alerted a reasonable person exercising ordinary diligence that he or she was injured due to the fault of another. 

Sources:

Cited cases

Szczuvelek v. Harborside Healthcare, 845 A.2d 137, (2004 N.J. Super.)

 For further details visit New Jersey Personal Injury Attorney or wants an appointment contact Bergen County Medical Malpractice Lawyer here: Law Offices of Jeffrey S. Hasson, P.C. 320 Cedar Lane Teaneck, NJ 07666

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