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Wrongful Death Statute of Limitations

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  • 08-03-2011, 05:42 PM
    spydrworks
    Wrongful Death Statute of Limitations
    My question involves medical malpractice in the state of: NJ

    http://www.anapolschwartz.com/practi...imitations.asp

    "Adults - within 2 years of the time a person could or should have known that malpractice was committed;"

    Scenario:

    The granddaughter of a woman who passed in 1999 is suspicious of wrongful death given college education in the biological sciences. The immediate family is without this type of education.

    Could a wrongful death suit be filed now? What are the obligations to file now?
  • 08-03-2011, 05:57 PM
    KeyWestDan
    Re: Wrongful Death Statute of Limitations
    Not a chance. The statute of limitations is long past. This type of a case can only be filed by an attorney and no attorney would do so as it would be dismissed promptly. There are no obligations to meet and there is nothing that is going to change the statute of limitations.

    I don't even think a granddauughter has standing to even be a party to such a suit. She would not even qualify as a expert witness.

    Finally, even if within the statute, a granddaughter would not have standing to sue. It also sounds like the person was very old and in that case, damages are not significant due to the lifespan, lack of earning ability, etc.

    Waste of time.
  • 08-08-2011, 11:19 AM
    Mr. Knowitall
    Re: Wrongful Death Statute of Limitations
    All other issues aside, the language you quote is "could or should". The issue is not whether you come across an expert or additional information years later and re-evaluate the information you already have - the issue is whether you could or should have availed yourself of such assistance during the statutory period.

    The language at issue is most likely to be implicated in the event that the defendant has hidden, destroyed or tampered with evidence that, if brought to light, would have affected an evaluation of whether malpractice occurred.
  • 08-14-2011, 06:23 AM
    spydrworks
    Re: Wrongful Death Statute of Limitations
    Quote:

    Quoting Mr. Knowitall
    View Post
    ...the issue is whether you could or should have availed yourself of such assistance during the statutory period.

    Such as...? Please clarify. I'm having a hard time understanding. Thanks.
  • 08-14-2011, 07:25 AM
    cyjeff
    Re: Wrongful Death Statute of Limitations
    Quote:

    Quoting spydrworks
    View Post
    Such as...? Please clarify. I'm having a hard time understanding. Thanks.

    Okay.

    You could or should have talked to an expert at the time of death and asked these questions.
  • 08-14-2011, 08:34 PM
    spydrworks
    Re: Wrongful Death Statute of Limitations
    Quote:

    Quoting cyjeff
    View Post
    Okay.

    You could or should have talked to an expert at the time of death and asked these questions.

    Very clear. Thanks.

    What about financial hardship? It is known the sister of this woman did question the hospital in regards to an assumed diagnosis after death for something she did not have and seems to reveal she received treatment for. Past asking them the family could not afford to hire legal help and the sister had passed away sometime after.

    With what Mr. Knowitall stated...

    "The language at issue is most likely to be implicated in the event that the defendant has hidden, destroyed or tampered with evidence that, if brought to light, would have affected an evaluation of whether malpractice occurred."

    Could this apply in benefit to the above?

    It would be interesting to chat with an expert in medical malpractice about what happened with this woman. Who knows what the past can dig up? Have any references?

    The important thing to the granddaughter is an understanding of what happened...where did things go wrong as to correct these mistakes made that took this woman's life to prevent it from happening to others and not necessarily for monetary gain. However, if a suit is possible she'd want to try for the awareness of such a case. Any monetary awards would go into health and medical research and education.
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