Can a Minor Bring Forward a Medical Malpractice Lawsuit in New Jersey?

Your worst nightmare has come true and your minor child has sustained injuries due to a doctor’s negligence. Because of his or her injuries, your child requires further medical treatments that you might not be able to afford. But can your child sue the doctor responsible per the Garden State’s laws? If you need to know, please read on, then contact an experienced Morris County, New Jersey medical malpractice lawyer to learn if a minor can bring forward a medical malpractice lawsuit in the state of New Jersey.

Is a minor allowed to file a lawsuit for medical malpractice in New Jersey?

In the Garden State, minors can’t file a claim nor be sued. So, their parents or legal guardians must file on their behalf. If the child does not have a parent, a petition can be filed with the court to appoint a guardian ad litem who can take responsibility for the case.

How does a parent or guardian file a medical malpractice claim on behalf of a minor in New Jersey?

In the state of New Jersey, parents or legal guardians can sue for two types of damages: economic damages and non-economic damages. Economic damages relate to the financial burden of the minor’s injuries including, but not limited to, the following:

  • Hospital bills
  • Doctor’s visits
  • Physical therapy
  • Any and all medical treatments

Conversely, non-economic damages relate to non-monetary damages, including:

  • Loss of enjoyment of life
  • Disfigurement
  • Pain and suffering

If your minor child has suffered in any way because of the negligence of a doctor or other medical professional, you should reach out to a skilled Parsippany, New Jersey personal injury lawyer to discuss your next steps.

How can a Morris County, NJ medical malpractice attorney help you?

First of all, a Morris County personal injury attorney will inform you of your rights and responsibilities as they pertain to your child and his or her case. A qualified legal representative will also collect, prepare and present the evidence needed to prove your child’s case in court. This evidence includes your child’s medical records before and after the incident, statements from witnesses, police reports and photos and/or videos related to the incident. He or she will provide guidance so that you, the parent or guardian, can make informed decisions on behalf of your child. You and your child do not have to undertake this daunting process alone. Please give us a call today.

Contact Our Morris County Firm

The Macri Law Firm is proud to serve clients throughout Morris County who are faced with legal matters related to estate planning, personal injury and medical malpractice. If you require the services of an experienced team of attorneys, contact The Macri Law Firm today to schedule a consultation.