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Can i sue a doctor that performed my delivery 10 yrs ago

East Orange, NJ |

diagnosed with post pardum cardiomyopathy

.....gave birth to a child in 2003. dr was private and uniformative during delivery. had to shorten and terminate ever conceiving a child in 2005 cardiologists suggested a tubligation , i take medication......... in 2011 had an emergency room visit, resident cardiologists informed me that i needed a defibillator one was performed.......... have a serious heart ailment that i must live with for the rest of my life... as a wife i cant even perform my duties as a wife, if i lay on my back i will began have shortness of breath............

Attorney Answers 7


  1. Generally, New Jersey's statute of limitations for medical malpractice against adults is 2 years.

    These discussions are not a substitute for a lawyer's investigation and analysis, which are requires for final decisions about the particular rights involved.


  2. You can speak to a medical malpractice attorney but the statute of limitations for medical malpractice in New Jersey is two years.

    This is only an Avvo answer. I am not getting paid to give this response and am basing this response only on the information provided to me in the above question.


  3. Is your child OK? When did you first learn your had cardiomyopathy?

    Please note that these answers are provided as a community service and are not meant to create an attorney-client relationship.


  4. The lawyers who said hte Statute passed are possibly wrong. If you have just discovered the problem and had no reason to know about it until now, then you might have a claim.
    You should make an appointment for an actual consultation with a local med malpractice lawyer.


  5. The Statute of Limitations is two years - but it is 2 years form the date you knew or should have known that there was negligence and that it caused you harm. Although it is rare, it is not unheard of for cases to be filed 4-5 years after the medical treatment, and sometimes even longer. For example, a person could have a mammogram in 2004, it is reported as normal by the radiologist - in 2011, she finds out that she has breast cancer, and when they re-look at the 2004 mammogram they realize that it did show a mass at an early stage that was missed. Even though the medical treatment occurred in 2004, the person would have 2 years from the date of diagnosis in 2011. You should consult with a local medical malpractice attorney so they can make this assessment.

    Each case is fact senstive, so all answers should be viewed as general advice only, and should never replace a thorough and in depth consultation with an experienced attorney. Further, an answer should not be seen as establishing an attorney-client relationship.

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