Legal Question in Medical Malpractice in New Jersey

how long can I sue for a Medical malpractice my daughter has Cerebral palsy due to her labor


Asked on 3/10/10, 7:53 pm

3 Answers from Attorneys

Scott Diamond DIAMONDLAWYER

2she has until she is 20. You need to act sooner than later. Records need to be preserved@and reviewed. I have much experience in these cases.

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Answered on 3/15/10, 8:08 pm
Adam L. Rothenberg Levinson Axelrod, P.C.

It is unclear from your question as to whether your daughter has the CP or her child. The statute of limitations is generally 2 years in NJ. However, for children the statute is 2 years afterl they reach the age of majority, their 20th birthday. If you are suing for your rights it is the 2 years typically. Under a statute passed a few years ago the ability to bring the case is until the 13th birthday, but this is for births that happened after 2000; so that statute has yet to come into play. Keep in note that there are always exceptions, so it is important to speak to an attorney to discuss your specific facts.

My strong suggestion is to contact an attorney to discuss the case and your rights. Please feel free to contact me directly to discuss the time limits, exceptions and merits of any claim. Please feel free to contact me at 800-343-NJ-LAW.

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Answered on 3/15/10, 8:09 pm
Michael Zerres Blume Forte Fried Zerres & Molinari

This firm has handled numerous cases surrounding labor and delivery malpractice resulting in children with CP. The Statute of Limitations with regard to these cases varies depending upon the date of birth of the child. Generally: Minors (for injury at birth, only if born before July 2004) - must bring suit within 2 years of the child's 18th birthday (by age 20);

Minors (for injury at birth, only if born after July 2004) - must bring suit by the child's 13th birthday. We'd need additional information in order to evaluate your potential claim. Please visit our website to view many of our results secured in cases similar to yours. Please contact me or any of my partners at the Blume Goldfaden Firm via the profile information provided on this site. We look forward to speaking with you, and will assist you in any way we can.

Michael B. Zerres

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Answered on 3/19/10, 6:43 am


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