Can I sue?

UPDATED: Oct 2, 2022

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Can I sue?

My dad passed away just over 2 years ago. I know the statute of limitations on a medical claim in NJ is 2 years, however my mom got sick and she then died so we were distracted. My dad went in for a scheduled triple by-pass which resulted in 5 months of painful hell for him. About 10 days before his death, the doctors finally met with us to give us the final test results at which time they informed us they were taking him off of all his medication and sending him home to die. He had Stage 4 cancer in 4 of his major organs. I simply don’t understand why they didn’t see that his white or red blood cell counts were off prior to the by-pass surgery, prior to implanting a pace maker or prior to overdosing him on digoxin. Is it too late to get an answer?

Asked on August 6, 2019 under Malpractice Law, New Jersey


SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 3 years ago | Contributor

A statute of limitations for medical malpractice can sometimes be extended if the malpractice could not have been discovered at the time, but was capable of being discovered at some later date. However, there is no extension for being distracted by family matters or another person's health issues. Based on what you write, there do nit appear to be grounds to extend the limitations period.

IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.

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