Most states have both general and state-specific laws governing how a victim can file a claim for medical negligence. New Jersey is no different, but the laws can be complex and require either a significant legal background or the help of a skilled medical malpractice attorney to ensure that all statutes are understood and satisfied.
The process begins with understanding the general, legal definition of medical negligence. A claim can only be brought against a physician that had a relationship with a patient in which the patient and physician both agreed that the physician would diagnose or treat the patient. Under such conditions, if the physician’s actions failed to meet the acceptable professional standards expected in that field, and that failure produced an injury that resulted in damages to the patient, they may have grounds to file a medical malpractice claim. However, that claim must comply with state medical malpractice statutes.
New Jersey Malpractice Statutes
There are a number of specific areas in which medical malpractice claims in New Jersey are unique:
- Time limits – New Jersey requires all medical malpractice claims to be filed within a two-year statute of limitations after the date of the negligent act. In addition, they allow that statute to begin accruing from the date the victim learns that such an act occurred and that it was the fault of a specific physician. Wrongful death claims must also be filed within two years of the date of death.
- Percentage of Fault – New Jersey applies a doctrine of modified comparative negligence in medical malpractice claims. Any time a victim is determined to have more liability for their own injury than any and all defendants combined, they are barred from filing a malpractice claim. When the victim’s liability is less than that of the defendant or defendants, they receive compensation in proportion to the defendant’s negligence.
- Verification of Negligence – In order to eliminate most frivolous malpractice claims, New Jersey requires that all medical malpractice suits filed on or after June 29, 1995, include an affidavit from a licensed medical expert confirming that medical negligence did occur.
- Limits on compensation – New Jersey is one of many states that has legislated damage caps, with that statute taking effect for claims filed on or after October 27, 1997. That cap limits the amount of noneconomic damages to five times the liability of the negligent physician, or $350,000, whichever amount is greater.
Getting Legal Help with Doctor Lawsuits in New Jersey
It is vital for victims in New Jersey be familiar with the state-specific statutes governing medical malpractice claims. They may do their own research, but that takes time away from the statute of limitations in this jurisdiction. It may be wiser to contact a Jew Jersey medical malpractice lawyer who has that knowledge and experience and can quickly assess the validity and value of a victim’s claim.
