Injured Patients Rights in New Jersey

An injured patient may sue for medical malpractice in New Jersey to recover damages. Any contributory damages on the plaintiff's part will not bar recovery if the plaintiff's fault is not greater than that of the defendant(s). However, damages will be reduced by the percentage of the plaintiff's fault.

2A:14-2. - Statute of Limitations

Every action at law for an injury to the person caused by the wrongful act, neglect or default of any person within this State shall be commenced within two years next after the cause of any such action shall have accrued; except that an action by or on behalf of a minor that has accrued for medical malpractice for injuries sustained at birth shall be commenced prior to the minor's 13th birthday.

2A:15-5.1.  Contributory negligence; elimination as bar to recovery; comparative negligence to determine damages

Contributory negligence shall not bar recovery in an action by any person or his legal representative to recover damages for negligence resulting in death or injury to person or property, if such negligence was not greater than the negligence of the person against whom recovery is sought or was not greater than the combined negligence of the persons against whom recovery is sought. Any damages sustained shall be diminished by the percentage sustained of negligence attributable to the person recovering.

2A:15-5.3.   Recovery of damages; apportionment among responsible parties

The plaintiff may recover the full amount of the damages from any party determined by the trier of fact to be 60% or more responsible for the total damages.
 

2A:53A-27  Affidavit of lack of care in action for professional, medical malpractice or negligence; requirements.

In any action for damages for personal injuries, wrongful death or property damage resulting from an alleged act of malpractice or negligence by a licensed person in his profession or occupation, the plaintiff shall, within 60 days following the date of filing of the answer to the complaint by the defendant, provide each defendant with an affidavit of an appropriate licensed person that there exists a reasonable probability that the care, skill or knowledge exercised or exhibited in the treatment, practice or work that is the subject of the complaint, fell outside acceptable professional or occupational standards or treatment practices.  The court may grant no more than one additional period, not to exceed 60 days, to file the affidavit pursuant to this section, upon a finding of good cause.

In the case of an action for medical malpractice , the person executing the affidavit shall meet the requirements of a person who provides expert testimony or executes an affidavit.

Talk with an Attorney

If you suffered an injury due to medical malpractice in New Jersey, you may have a cause of action to recover damages. You have up to two years from the time of injury to file. Additionally, 60 days after the defendant(s) files an answer, you must notify the defendant(s) through an affidavit providing that there is a probability that the treatment or practice fell outside acceptable medical standards. Talk with an experienced medical malpractice attorney to determine your rights in this case.