A plaintiff whose tort claim notice against University Hospital was filed late may proceed with her medical malpractice suit because of a “perfect storm” of factors contributing to the late filing, a New Jersey appeals court has ruled.
A life-threatening series of infections that the plaintiff experienced after childbirth—combined with her duties in caring for her newborn son and her status as a recent immigrant—constitute “extraordinary circumstances” that warrant a waiver of the 90-day notice of claim deadline under the Tort Claims Act, Appellate Division Judges Carmen Alvarez and Susan Reisner ruled, overturning a trial judge’s dismissal of the case.
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