is there a certain length of time this must be filed

Generally speaking, you have two years from the date of death to file a lawsuit for malpractice when the decedent dies from medical malpractice. There are exceptions to this rule under the case law, but to know whether they apply you would have to provide more facts.  Please understand that by answering your question in this informal forum I am not acting as your attorney. I am not doing anything to protect any legal rights that you have.  Medical malpractice cases need to be thoroughly investigated and to know whether you have a viable case, an attorney usually has to obtain and review all of the pertinent medical records and consult an expert.  John Ratkowitz, Esq. 105 Eisenhower Parkway Roseland, NJ 07068 Office: (973) 830-8441 Cell: (732) 616-6278 Fax: (973) 226-0031 Email: jratkowitz@starrgern.com.  Click here for my website.