New Jersey has adopted a modified comparative negligence doctrine under which a claimant's recovery is diminished in proportion to his or her percentage of negligence. In the case of medical malpractice, an injured patient must bring an action against the hospital within two years after the cause of action has accrued. Upon an answer by each defendant to the complaint, the plaintiff is required to submit to each defendant an affidavit by an appropriate licensed professional that there was a violation of the medical duty of care.
2A:14-2 Actions for injury caused by wrongful act, appointment of guardian ad litem.
a. 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:15-5.2. Findings of fact; percentage of fault
2. a. In all negligence actions and strict liability actions in which the question of liability is in dispute, the trier of fact shall make the following as findings of fact:
(1) The amount of damages which would be recoverable by the injured party regardless of any consideration of negligence or fault, that is, the full value of the injured party's damages.
(2) The extent, in the form of a percentage, of each party's negligence or fault. The percentage of negligence or fault of each party shall be based on 100% and the total of all percentages of negligence or fault of all the parties to a suit shall be 100%.
2A:15-5.3. Recovery of damages; apportionment among responsible parties
3. Except as provided in subsection d. of this section, the party so recovering may recover as follows:
a. 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.
c. Only that percentage of the damages directly attributable to that party's negligence or fault from any party determined by the trier of fact to be less than 60% responsible for the total damages.
2A:53A-27 Affidavit of lack of care in action for professional, medical malpractice or negligence; requirements.
2. 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.
Talk to a Medical Malpractice Attorney
If you are a patient who suffered medical malpractice in New Jersey, you can bring suit against a liable hospital or its personnel to recover damages. You must file an action within the statutory period of limitations to keep your action alive. Also, New Jersey courts apply a modified doctrine of comparative negligence to determine who is comparatively more responsible for the injury. Talk with an attorney to protect your rights in this case.
