Typically there is a two year statute of limitations beginning from the date of the negligent event, however, there is a "discovery rule" which may apply to extend the time within which
you can bring a claim. You will need to have a New Jersey attorney review the specific facts
of your case to see if the "discovery rule" would apply in your circumstance and give you a
window to still pursue a claim --- if one exists.
No physician that I know "guarantees" their work, but rather has you sign a consent form
which lists out the possibility of complications, and demonstrates your understanding of the
risks. You should look at the paperwork that you signed before you had your surgery to see
what it says.
Whether the first doctor's surgery was a "mistake" is something that an expert in the same
specialty as your doctor must give an opinion on. An expert after reviewing your records
must conclude that there was "substandard care" or negligence involved.
I suggest you get your records and films together and arrange to see a local malpractice
Good luck with your knee.
Please note well that this reply is merely informative. It should not be the basis of any decisions you make regarding your legal rights as far too little information has been provided to supply a solid legal opinion. Also, you should be aware that all jurisdictions impose time limits ("statutes of limitations") within which suit must be properly commended, and the failure to do so will supply an absolute defense to the claim. You should consult further with us or another attorney if you wish to investigate or pursue the matter further.
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