New Jersey Medical Malpractice Statute of Limitations

A healthcare provider is required to treat all patients with the accepted standards of care generally adhered to in the medical community as a whole.  If they do not do so, due to either negligent action or inaction, and that negligence results in injury to the patient, the victim can file a medical malpractice lawsuit against that medical professional to recover damages.  All states not only allow and regulate such suits; they set a time limit within which the plaintiff must file that medical malpractice suit, although those limits vary from state to state.  In New Jersey, the standard statute of limitations is 2 years, although there are exceptions to that law. 

Time Limits for Filing a Claim in NJ

Medical malpractice can become obvious immediately, or it can remain hidden for months or even years.  Medical malpractice statutes of limitations account for those variances with specific exceptions to the general time limits established.  In New Jersey, for an injury that is immediately detected, the victim has 2 years to file a medical malpractice claim.  If, however, that injury is not immediately detected, the victim has 2 years from the date the injury was discovered, or should have been discovered under reasonable circumstances.  

For minors injured due to medical negligence, the minor has the 2-year statute of limitations period beginning on their 18^th birthday to file a medical malpractice claim.  An exception exists in the case of medical malpractice claims due to birth injuries, which must be filed by the minor child’s 13^th birthday.  If the malpractice injury results in death, the wrongful death claim must be filed within 2 years from the date of death.  For minors, the toll, or hold on the statute of limitations, applies to wrongful death suits as well.

Negligence Laws

There are a number of additional negligence statutes that apply to medical malpractice suits, including the requirement that the plaintiff use only expert witnesses who are licensed and practicing in the same field as the defendant.  They must also be certified to perform the same treatments as are in contention in the malpractice suit.  New Jersey places a cap on attorney’s fees in medical malpractice lawsuits, limiting those fees to 33% of the first $500,000 in damages, and 30%, 25%, and 20% of the succeeding increments of $500,000 in damages.  If the victim is a minor or incompetent, the attorney’s fees are limited to 25% of the damage award.  In addition, voluntary arbitration is available for all medical claims. 

If the claim is less than $20,000, the parties must agree to that arbitration in writing.  The judge may also refer a case to alternative dispute resolution before it goes to trial, but not less than 30 days after discovery has ended.  Finally, the plaintiff must file an affidavit that they have consulted with an expert within 60 days of filing their complaint.  Additional negligence laws can be found in the table below. 

Award Limits in New Jersey

In accordance with tort reform laws that are becoming increasingly popular throughout the country, New Jersey has set a cap on punitive damages of $350,000, or 5 times the actual damages awarded, whichever is greater.

Legal Help

No doubt there is a great deal to be concerned about for anyone injured due to the negligence of a medical professional.  Besides the legal lawsuit they hope to file to recover damages incurred because of that injury, they probably have to continue treatment or rehabilitation for the injury incurred.  This is when it is crucial to have a skilled medical malpractice attorney at your side to take care of the legal requirements most people are unaware of and unable to satisfy.  Do not hesitate to consult with a legal professional to determine if you have a case, and if they can provide the expert help you need.