Legal Question in Medical Malpractice in New Jersey

Re: Appendectomy

From the facts you have provided, I don�t see a medical malpractice case that I would pursue.

Another attorney may feel differently, so I encourage you to seek additional opinions if you believe you may have a case.

Under NJ law, you have a maximum of two years to file a lawsuit from the date of injury, i.e. the Statute of Limitations for a claim is two years. In this case, which occurred 4 or 5 years ago, the Statute of Limitations puts you out of court.

There are a number of exceptions that temporarily extend the Statute of Limitations, most notably if you were a minor (under 21) at the time or if you could not have discovered the injury, but from the facts you have provided, I don�t see that an exception applies.

Additionally, there are 4 elements,ALL of which have to be met, to pursue a malpractice case:

1) Duty; 2) Breach of the Standard of Care; 3) Damages and 4) Causation.

From what you have said, you certainly satisfy #1, and probably #2, as 11 hours sounds like too long a time to be sitting with possible appendicitis.

However, you haven�t explained how you were damaged. If anything, the fact that you are not certain if your appendix burst, suggests that you came through the ordeal relatively unharmed.

On this basis, I would not have investigated this possible claim.

Another attorney may feel differently, so I encourage you to seek additional opinions if you believe you may have a case.