Can I still sue if an injury happened 2 years ago?

The doctor cut a nerve in my leg during surgery.

Asked on September 19, 2013 under Malpractice Law, New Jersey

Answers:

Anne Brady / Law Office of Anne Brady

Answered 7 years ago | Contributor

The statute of limitation in New Jersey (as well as in Arizona) for medical malpractice is two years from when a person knew or should have known of the malpractice.  Since here the injury occurred during the surgery, you knew immediately, so if the surgery was more than two years ago, it is too late to sue unless you were a minor at the time of the surgery.  If you were a minor, the statute of limitations is tolled (put on hold) until you turn 18.

Anne Brady / Law Office of Anne Brady

Answered 7 years ago | Contributor

The statute of limitation in New Jersey (as well as in Arizona) for medical malpractice is two years from when a person knew or should have known of the malpractice.  Since here the injury occurred during the surgery, you knew immediately, so if the surgery was more than two years ago, it is too late to sue unless you were a minor at the time of the surgery.  If you were a minor, the statute of limitations is tolled (put on hold) until you turn 18.


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