New Jersey law usually gives 2 years to file a lawsuit for malpractice, beginning from the time that one discovers or should have discovered the problem. In other words, if a procedure was four years ago, but the patient only discovered that the doctor was grossly negligent in carrying it out a few months ago, the lawsuit still may be able to be brought. The statute of limitations for children in malpractice and other personal injury cases begins when the victim turns 18. In other words, parents of a child injured by a negligent surgery when he/she is 12 have until the child’s 20th birthday to file. However, suits for injuries sustained at birth must be filed before the child reaches the age of 13.