Legal Question in Medical Malpractice in New Jersey

NJ Law Offices - NJ 2 Year Statute of Limitations

NJ has a 2 year statute. So do not delay!!

I am a member of the firm of Anapol Schwartz Weiss Cohan Feldman & Smalley firm, which has offices in Cherry Hill NJ, if that is convenient for you. Please let me know if you would like to discuss this matter.

You may email per the below information or can call me toll free from the number listed my web site or the anapolschwartz web site.

Re: Malpractice suit

The statute of limitations in NJ is two years. Yes it is possible to file a suit without an autopsy of your mother's body. However, without an autopsy there is a greater likelihood that the defense attorney for the hospital will file a motion for summary judgment. Generally, most practitioners do not like to take death cases, without an autopsy.

You should also be aware that in NJ unlike NY you will need to find an expert witness who would be willing to opine in writing that your mother's death was caused by the drug. Moreover, the doctor's opinion is subject to depositions prior to trial. Due to the high NJ standards for pursuing a medical malpractice claim you may have a difficult time finding an attorney to take your case. I am licensed in NJ and have filed cases through a bona fide NJ office. If you would like, I could review your case.

I need to know the following:

- your mother's age

- your mother's health before she went to the hospital

- whether your mother was working at the time of her death

- whether your mother was financially supporting anybody

- what drug did your mom take

- was she explained the risks/ benefits of the drug

- do you have power of attorney

- are you the executor/administrator of your mother's estate

If interested, please answer these questions for me.

Thanks,

Jason Kessler

Re: Malpractice suit

I am very sorry for your loss. I happen to know an outstanding medical malpractice lawyer who handles cases in NJ and PA. She's trained as a nurse, as well as a lawyer, and she works at one of the top personal injury firms here in the city. Feel free to e-mail me and I will forward you her contact information. Good luck! Also, in answer to your questions: no, you have not blown the statute of limitations yet, but you should hurry. As for the autopsy, the failure to have an autopsy does not mean you have no case at all. A doctor could testify as to the effects of the malpractice.