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Szczuvelek v. Harborside Healthcare Woods Edge1/24/2005
ere.
On April 17, 1999, Burns suffered a heart attack brought on by respiratory complications and died a short while later. Burns was buried on April 20, 1999.
Approximately three weeks after Burns' funeral, plaintiff consulted with David Alperts, Esq. because he suspected that something went wrong with Burns' medical care. Mr. Alperts directed plaintiff to obtain Burns' medical records from Harborside and Somerset. Plaintiff obtained those records that evidenced that the medical care Burns received at Harborside had contributed to his death.
Approximately six months after the funeral, plaintiff contacted a state agency to file a complaint against Harborside and urged an investigation into the events of April 15, 1999. The status of that complaint and investigation is unknown. On August 31, 2000, plaintiff consulted another attorney, Larry L. Leifer, Esq.
Plaintiff filed this lawsuit against Harborside and Somerset on April 26, 2001, two years and nine days after Burns' death. Plaintiff asserted in his complaint various claims pursuant to the Survivor Act, N.J.S.A. 2A:15-3, including medical malpractice. Later, on June 24, 2001, plaintiff received a report from Dr. Warren D. Widmann, a medical expert, concluding that Burns had lapsed into a coma and died as a result of inadequate medical care by Harborside and Somerset.
Plaintiff filed an amended complaint on July 9, 2002, to allege a cause of action pursuant to the New Jersey Nursing Home Responsibilities and Rights of Residence Act, N.J.S.A. 30:13-5(J), and the Nursing Home Reform Act, "42 U.S.C. 483.25 et seq.," including provisions contained in 42 C.F.R. 488.410 and 42 C.F.R. 488.301.
Defendants Harborside and Somerset separately moved for summary judgment, asserting that plaintiff filed his complaint beyond the two-year statute of limitations period. In opposition to the motions, plaintiff certified that approximately three weeks after Burns' funeral he met with an attorney who instructed him to obtain the medical records from Harborside and Somerset. He did so and began to conceptualize that Burns' death might have been caused by negligence at Harborside. Plaintiff certified that it was not until he consulted Larry Leifer, Esq., on August 31, 2000, in furtherance of his complaint against Harborside that he realized Somerset may also have been negligent. Plaintiff argued that his actions filed on April 26, 2001, were timely because it was not until three weeks after Burns' funeral on April 20, 1999, that he contacted counsel and thereafter became aware or should have been aware of Harborside's negligence, and even later for the negligence of Somerset. The trial court canvassed the case law, noting that the statute of limitations begins to run when the plaintiff is aware or reasonably should be aware of facts of an injury through the fault of another. The court granted each defendant's motion, but in the course of its letter opinion directly addressed only the circumstances involving Harborside and did not discuss the facts as they related to Somerset. The court concluded that based on Burns' April 15 note to plaintiff and plaintiff's observations that same day, along with the cause of the decedent's death (respiratory complications), plaintiff knew or should have known that Harborside's actions or lack thereof were actionable at that time.
The Appellate Division agreed with the trial court and affirmed substantially for the reasons articulated in the trial court's letter opinion of October 4, 2002.
II.
The statute of limitations sets forth the period of time within which a party may file a complaint. In the case of a medical malpractice claim,
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