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How much time do I have to sue a hospital for wrongful death?

New Brunswick, NJ |

My grandma was put on a respirator breathing machine after her wishes was to not be on their at all or to be be resuscitated as she told them.

Attorney Answers 9


  1. Check with a local NJ attorney. The statute of limitations for your claim for wrongful death may depend on what the hospital did at various times.


  2. If a public hospital the time to file a notice of claim may be as short as 30 days. Sorry for your loss.

    Personal injury cases only; I'm good at it; you be the Judge! All information provided is for informational and educational purposes only. No attorney client relationship has been formed or should be inferred. Please speak with a local and qualified attorney. I truly wish you and those close to you all the best. Jeff


  3. Two years from the date of death, though your claim doesn't sounds like a wrongful death claim, but more a claim for failing to follow a DNR or Living Will.

    Each case is fact sensitive, 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.


  4. The facts do not support a wrongful death case. It is best to consult with a NJ attorney about your options.


  5. Schedule a consult with a local personal injury attorney

    The information provided herein is for informational purposes and should not be construed to establish an attorney client relationship. To establish such a relationship, the prospective client would need to meet with me in person, and have a detailed discussion about all the facts and circumstances surrounding your case.


  6. Does not sound like a wrongful death case, but there may be a case.


  7. Did she have a living will? Avvo has a terrific "find a lawyer" tool to find a top-rated attorney with a low contingency fee.


  8. If she didn't die from an act of neglect, no wrongful death. Sounds like you are making a claim that they violated her DNR instructions. Consult with a local injury lawyer to see if there is a cognizable claim available under your state's law for such a violation.


  9. You have two years to file a wrongful death claim in NJ.

    In this case, the alleged malpractice might be the hospital failing to follow the written instructions of your grandmother, or the person who held her medical power of attorney. If that were the case, the claim might be one for prolonged suffering, rather than wrongful death, as your grandmother wanted to pass away, and the claim would have to filed within two years of the date the hospital did not follow the written instructions and direction of your grandmother by placing her on the respirator.

    This would be referred to as a survival action, not a wrongful death action, as she survived the alleged negligence of the hospital. Her instructions would have to have been in a signed document