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Laws for Medical Lawsuits in New Jersey
Medical malpractice occurs when a health care provider violates the standard of care when providing treatment to a patient, causing the patient to suffer an injury. The standard of care is defined as the level of competence that would be expected of a physician of average skill and ability practicing within the same specialty as the defendant.
Medical malpractice lawsuits are quite common because New Jersey is the most densely populated state in the nation. The New Jersey medical malpractice laws state that the plaintiff must prove that damage occurred as a result of negligence. To sue a doctor in New Jersey, the statute of limitations require the plaintiff to file a medical malpractice lawsuit in NJ within two years from the date the injury occurred.
Medical Malpractice in NJ: Fast Facts
| New Jersey State Law | |
| Statute of Limitations | Two years from claim accrual or discovery of injury. |
| Damage Award Limits | Punitive damages limited to the greater of either $350,000 or 5 times the amount of compensation damages. |
| Joint Defendant Liability | If defendant is found to be less than 60% at fault they will be responsible for a share of the damages. Defendants found more than 60% at fault are subject to further rules. |
| Expert Witness | Must be a licensed physician in the same field as defendant and be able to administer the same care as that which is in question. |
| Attorney Fees | Fees based on a sliding scale: 1/3 of first $500,000, 30% of additional $500,000, 25% of next $500,000, and 20% of next $500,000. |
Specific Medical Malpractice Laws in New Jersey
The New Jersey medical malpractice laws state that a defendant may not try to reduce their liability by introducing evidence that the plaintiff received compensation from other sources, such as the plaintiff’s own insurance company. For medical malpractice cases in New Jersey, punitive damages are capped at 5 times the actual damages or $350,000, whichever is greater.
When to Talk to a Medical Lawyer
If you believe that you are the victim of negligent medical care and wish to sue a doctor in New Jersey, you should consult with a medical malpractice attorney to review the specifics of your case.