How long do I have to sue for a doctor giving me a birth defect?

I was born with cerebral palsy. The doctor
either gave me too much oxygen or not enough
which resulted in me having cerebral palsy for
the rest of my life. I am 27 years old I just
wanted to know if I still have a case against the
doctor and/or the hospital.

Asked on March 5, 2017 under Malpractice Law, New Jersey


SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 3 years ago | Contributor

No, it is too late to sue the doctor. The medical malpractice statute of limitations, or time period within which you must bring or start a legal action for medical malpractice is 2 years in your state; when the the injury occurs to a minor, they get up to 2 years after their 18th birthday, or until they turn 20, at most to start the claim (some claims must be brought by their parents for them, no later than when they are 13). If you are 27, it is years too late to bring a legal action or sue for something occuring while you were being born.

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