Can I sue?

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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

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 1 year 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.


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