New Jersey Medical Malpractice Statute Of Limitations

Sophia Soraya

February 26, 2024

According to the American Medical Association, one in three clinicians is sued at least once during their career. Many of these medical professionals are sued because of medical malpractice. So, if you’ve experienced medical malpractice firsthand, don’t believe there is nothing you can do about it.

Although medical malpractice lawsuits are complex, with an experienced attorney like the ones at Varcadipane & Pinnisi, P.C., on your side, you can obtain compensation and justice for your injuries. Yet, to ensure you have a chance at this, you need to know more about New Jersey’s medical malpractice statute of limitations. Failing to file within the right timeframe could lead to your case being thrown out of court and your rights to compensation being voided.

Thus, if you believe you have a valid case, continue reading to learn more about New Jersey’s laws and its statute of limitations with our personal injury attorneys in New Jersey.

What Is A Medical Malpractice Case?

Before we look into who can sue and what the statute of limitations is in New Jersey, it’s a good idea to briefly acquaint yourself with what a medical malpractice case is and what it involves.

Firstly, medical malpractice cases involve a medical professional failing to meet their duty of care through recklessness, negligence, or malicious intent. A medical malpractice case can often be filed if injuries are involved. For example, a medical malpractice case is valid in each of the below situations:

  • A labor and delivery nurse delivered a baby unsafely, leading to berthing injuries.
  • A doctor failed to complete the necessary tests even though a patient displayed symptoms.
  • A pharmacist incorrectly fulfilled a patient’s script, leading to adverse reactions or injuries.
  • A nurse failed to monitor the vitals of a newborn, and the baby died.
  • A doctor performed a surgery and left foreign objects inside the patient.

These are only a few examples of medical malpractice claims. Unfortunately, many people don’t realize that the outcome of their medical situation was due to a medical mistake, so if you have suspicions, it’s best to speak with one of our NJ attorneys.

What Is New Jersey’s Medical Malpractice Statute Of Limitations?

In New Jersey, the medical malpractice statute of limitations is two years. This means that, in most cases, you have two years from the time your injury occurred to file a medical malpractice claim.

However, New Jersey has a “discovery rule” that could come into play. According to this discovery rule, the statute of limitations in medical malpractice claims is paused until a patient discovers the medical mistake that led to their injuries.

For example, if a patient only learns three years after an operation that they were sewn up with a scalpel remaining in their body, they can still file a claim. This rule also comes into effect when doctors have misdiagnosed individuals, and they only find out years after the fact.

In addition, there are exceptions to New Jersey’s two-year rule regarding children who have suffered injuries because of medical malpractice. For example, if a child was injured at birth because of medical malpractice, a lawsuit needs to be filed before the child’s 13th birthday. For minors whom a healthcare professional has injured, a claim must be filed within two years of the child’s 18th birthday.

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Why Is There A Time Limit On Filing A Medical Malpractice Lawsuit In NJ?

New Jersey and other states enact a time limit on medical malpractice lawsuits to protect victims and healthcare professionals. When too much time passes after an injury has been sustained, people may destroy evidence and files. See more about the statute of limitations in different states here.

In addition, witnesses die, and memories fade. This makes a claim resolution impossible since proving or defending against a malpractice lawsuit is challenging. So, with a statute of limitations in place, matters are kept fair for all parties.

What Happens if I File a Malpractice Claim After the Statute of Limitations?

Typically, if you miss this deadline, the court will likely dismiss your case, so you will miss out on the chance to get compensation for your injuries.

In New Jersey, you have two years from when the injury occurred or when it was reasonably discovered to file your claim. This rule means that if you do not become aware of the injury immediately, the clock starts ticking from the moment you should have reasonably known about it.

However, determining the exact start date can sometimes be complex and may require legal interpretation. Further, there can be certain exceptions to the statute of limitations. For instance, if a minor is injured due to medical malpractice, they have only two years after they turn 18 to submit a claim.

Similarly, if the injured party is not mentally fit when they get injured, the statute of limitations might pause until they regain mental capacity.

Therefore, if you file a claim after the lapse of the statute of limitations, your attorney will need to advocate for an extension of the filing deadline. They will evaluate potential reasons for the delay and leverage legal mechanisms to extend the official time frame.

Are There Any Other Limits I Need to Be Aware Of?

Apart from the statute of limitations, there are several other limits and legal principles that could influence your medical malpractice claim in New Jersey. These include the following:

Damage Caps

New Jersey does not impose caps on economic or non-economic damages in medical malpractice cases. However, punitive damages are capped at either five times the compensatory damages amount or $350,000, whichever is greater.

While punitive damages are not awarded often, they are a possibility in some cases. If the court deems the defendant’s actions were a willful disregard for others, punitive damages will be awarded. Your medical malpractice lawyer will assess your case to determine if it meets the threshold for claiming punitive damages.

Also, if you, as the plaintiff, are found to have contributed to your injuries through your actions or negligence, your compensation will be adjusted proportionally.

Affidavit of Merit

One crucial requirement in New Jersey medical malpractice cases is the affidavit of merit. Within 60 days of the defendant filing an answer to your complaint, you must provide an affidavit from a medical expert declaring if there is a reasonable probability that the standard of care was breached in your case.

Who Can Be Sued for Medical Malpractice in New Jersey?

According to New Jersey law, any licensed healthcare provider can be sued for medical malpractice. In addition, in special cases, you might even be able to bring a lawsuit against a hospital, nursing home, or urgent care provider.

If you consider filing a medical malpractice case in New Jersey, you must identify the defendants to pursue your claim. Here are the various parties that may deemed liable:

  • Doctors. Physicians are the most common defendants in medical malpractice cases. Whether they are general practitioners or specialists, doctors can be held accountable if they do not meet the standard of care expected in their field.
  • Nurses. If their actions or inactions lead to patient harm, such as failing to monitor a patient’s condition adequately, they might be liable.
  • Hospitals and clinics. Hospitals and clinics may bear liability for the actions of their staff under the doctrine of vicarious liability. This means that if a hospital employee acts negligently while performing their official duty, the institution itself can be sued.
  • Pharmacists and pharmacies. These may face malpractice claims if they harm patients by dispensing the wrong medication, providing incorrect dosage information, etc.
  • Nursing homes and urgent care providers. These facilities are responsible for ensuring that their residents and patients receive proper care. Negligence in these settings can lead to significant harm, particularly for vulnerable populations such as the elderly or those requiring urgent medical attention.
  • Other healthcare professionals. Therapists, medical technicians, and even administrative staff may bear responsibility if their negligence contributes to patient harm.

Sue health professionals

How Does the Comparative Negligence Rule Work in NJ?

Handling medical malpractice in New Jersey is governed by the comparative negligence rule. Under this rule, if you, as the plaintiff, are found to have contributed to your injuries, your possible compensation is reduced by your level of fault.

New Jersey uses a modified version of comparative negligence, known as modified comparative negligence. This system allows you to recover damages as long as your share of the blame does not exceed 50%. If you are found to be over 50% responsible for your injuries, you cannot recover damages.

Take, for example, a scenario where a jury awards you $1,000,000 in damages but also determines that you were 25% at fault for your injuries. In this case, your final award would be $750,000.

A New Jersey medical malpractice attorney will leverage their resources to argue your case to maximize your compensation.

Are There Damage Caps In New Jersey Medical Malpractice Lawsuits?

Unlike other states, New Jersey hasn’t placed any significant caps on economic and emotional damages that can be awarded during medical malpractice cases. However, this state does have a cap on punitive damages, which are limited to about five times the amount of regular damages or $350,000.

Contact A New Jersey Medical Malpractice Attorney Today!

Medical malpractice lawsuits are complex to navigate alone, so hiring a New Jersey medical malpractice attorney from Varcadipane & Pinnisi, P.C., is important. Our lawyers will work alongside you to extensively investigate your case while analyzing the legal protocols and laws that apply to you.

We have the skills needed to improve your chances of winning fair compensation through a settlement or trial. Simply contact our firm here or call us at (800) 616-2916 and we will speak with you to arrange a legal consultation.

Sophia Soraya

Sophia Soraya is a seasoned attorney specializing in complex civil matters, with a focus on personal injury, professional malpractice, and product liability cases across New York and New Jersey. Sophia is a Partner with the Firm and has been selected as a Super Lawyers, Rising Star for consecutive years.

University: J.D. New England Law (Boston)

Bar Number: 000402013

Locations: New Jersey and New York.

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This page has been written, edited, and reviewed by a team of legal writers following our comprehensive editorial guidelines. This page was approved by Founding Partners, Jeffrey W. Varcadipane & Dawn M. Pinnisi, with more than 40 years of combined legal experience as personal injury attorneys.

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