Legal Question in Medical Malpractice in New Jersey
Hello, I had my thumb broken by a baseball in NJ. I went to an urgent care center and they splinted my thumb incorrectly. I went for a followup visit and was told everything was fine. A few months later I could not bend my thumb and now today still cannot. I had two surgeries and extensive Physical Therapy. This happened almost two years ago and I think I have a case but would like some advice.
Can I sue the urgent care facility for medical malpractice?
1 Answer from Attorneys
Thank you for your inquiry. If you have been left with a permanent loss of function of your thumb, you may be able to pursue a medical negligence claim. If your surgeons are of the opinion that the loss of function is due a failure to initially splint the finger correctly (and not a loss of function from your initial injury, nor as a consequence of any surgery which you may have needed due to the initial injury), please call to further discuss your potential claim. We will assist you in whatever way we can. However, please note that generally, medical malpractice lawsuits for an adult must be filed in New Jersey within 2 years from the time when you could or should have known of the negligent act. In addition, depending upon the particular individuals and institutions involved, there may be notices which have to be filed within 90 days from the time when you could or should have known of the negligent act. As such, it is important that you immediately proceed accordingly, to ensure your interests are protected with regard to the referenced Statutes of Limitations and/or Notice of Claims requirements.
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