How Long Do You Have to Sue for Misdiagnosis in New Jersey?
When visiting a doctor, most people expect to be diagnosed correctly and treated appropriately. But when a serious condition is mistaken for something else or missed altogether, the results can be life-altering. If you or a loved one has suffered due to a misdiagnosis, the medical malpractice lawyers at Sarno da Costa D’Aniello Maceri Webb LLC can take some of the weight off your shoulders and help you find justice. Led by Paul M. da Costa, our medical malpractice team has recovered significant settlements and court awards for injured victims in New Jersey. Here, we explain how long you have to file a misdiagnosis lawsuit and what you can do to protect your rights.
Statute of Limitations for New Jersey Misdiagnosis Claims
Generally, you have two years from the date the misdiagnosis occurred to file a medical malpractice lawsuit in New Jersey. However, medical misdiagnosis cases are rarely straightforward, and the harm that’s been done usually isn’t apparent right away. It’s common for patients to discover a misdiagnosis months or even years down the road. That’s when the discovery rule may apply.
What is the Discovery Rule?
Under New Jersey’s discovery rule, the two-year countdown doesn’t necessarily start on the day your doctor made the mistake. Instead, it starts on the day you reasonably knew or should have known that you were harmed by a misdiagnosis.
For example, the discovery rule often applies in cases involving cancer misdiagnosis, which may not be discovered for months or years after the initial diagnosis and treatment. In this situation, the clock would likely start ticking when a patient learns the correct diagnosis, not from the date of the first misdiagnosis. Having a skilled medical misdiagnosis attorney review your case can clear up any confusion you may have about how the discovery rule applies to your claim.
Exceptions to the Medical Malpractice Statute of Limitations
There are several other circumstances in which the deadline for filing a misdiagnosis claim may be extended in New Jersey, including:
Cases Involving Minors
If a patient is under the age of 18 when a misdiagnosis happens, the statute of limitations is usually tolled (paused) until their 18th birthday. That means that generally, they have until the age of 20 to file a lawsuit. However, depending on the situation parents or guardians may be able to bring a claim before the child turns 18.
Incapacitated Victims
If someone is legally incapacitated at the time of the misdiagnosis, the statute of limitations may be paused until capacity is regained.
Fraud or Concealment
If a doctor, hospital or healthcare provider deliberately hides an error, the clock may not start until the concealment is discovered. This may include altering records, withholding information, or other types of fraud. Cases involving fraud require strong evidence that can be challenging to unearth. Our experienced misdiagnosis attorneys in New Jersey work closely with digital forensic specialists to examine electronic medical records (EMR) and other digital data and find evidence of fraud.
Each case is unique, and exceptions may be applied differently depending on the circumstances of the case. That’s why knowing how long you have to sue for misdiagnosis in New Jersey is so important. A medical malpractice lawyer can ensure your complaint is filed in a timely manner and help you avoid losing your right to recover compensation.
What is an Affidavit of Merit?
It’s also important to understand the complex process and timeline for filing a medical misdiagnosis lawsuit in New Jersey. To prevent frivolous malpractice lawsuits, plaintiffs are required to file an Affidavit of Merit, which includes a sworn statement from a qualified medical professional who can affirm the validity of the claim. This medical expert must be board-certified in the same specialty as the defendant. The affidavit must state there is a reasonable probability that the care a patient received fell below the accepted professional standard of care.
The Affidavit of Merit must be filed with the court within 60 days of the healthcare provider’s formal response to your complaint.
Paul and his team have helped thousands of victims secure substantial settlements and verdicts in medical malpractice cases in New Jersey. Our misdiagnosis lawyers are familiar with the process and well-versed in navigating New Jersey’s complex medical malpractice laws.
Why Time is of the Essence in Medical Misdiagnosis Cases
Between meeting court deadlines, gathering evidence, and proving negligence, there’s very little room for error in medical malpractice cases. Two years may seem like a long time, but taking swift action is crucial if you’re considering filing a misdiagnosis claim. The longer you delay, the more challenging it can be to build a strong case.
Vital evidence can be harder to obtain if you don’t act quickly. Medical professionals change jobs, health systems merge, electronic records are archived, and witness memories fade over time. Seeking the assistance of a skilled medical malpractice lawyer as soon as you suspect a misdiagnosis can give you the best possible chance of achieving a positive outcome for your case.
Why You Need an Experienced Misdiagnosis Lawyer
Paul and our medical malpractice team have decades of experience handling complex misdiagnosis cases throughout New Jersey. We’ve built a reputation for being tenacious, compassionate advocates for patients and families who’ve been harmed by medical errors. Our misdiagnosis lawyers work on a contingency fee basis, which means we get paid only if we secure compensation for you. Attorneys’ fees and other legal costs are taken from any settlement or court award you receive.
Our certified civil trial attorneys possess a deep understanding of how New Jersey courts operate and have longstanding professional relationships with respected medical experts. We thoroughly investigate to determine what went wrong and ensure your case is filed properly and on time. We’re not afraid to go up against medical providers and powerful insurance companies and fight to help our clients find the accountability and financial recovery they deserve.
Contact a Misdiagnosis Attorney Near You in New Jersey
Whether you’ve been harmed by a cancer misdiagnosis, untreated infection, or another form of medical negligence, our malpractice attorneys at Sarno da Costa D’Aniello Maceri Webb LLC can help you pursue justice. Contact us or call 973-274-5200 to schedule a free, no-obligation consultation with Paul M. da Costa today. Our misdiagnosis lawyers in New Jersey offer several convenient locations near you in Roseland, Bridgewater, Hackensack, Morristown, and Eatontown, NJ.
