When facing potential medical negligence in New Jersey, timing is critical. The Garden State enforces a strict statute of limitations for medical malpractice lawsuits. If you fail to file your claim within the right timeframe, regardless of your case’s merit, you relinquish your legal right to seek damages. Please continue reading to learn how long you have to file a medical malpractice claim in New Jersey and how a knowledgeable New Jersey Medical Malpractice Lawyer can help protect your rights.
What is the Statute of Limitations for Medical Malpractice Claims in New Jersey?
According to N.J.S.A. 2A:14-2, most medical malpractice lawsuits in New Jersey are subject to a two-year filing deadline following the incident. The clock starts ticking on the date the negligent act occurred, or under the “discovery rule,” when the victim knew or reasonably should have known that they were injured as a result of medical negligence. The discovery rule is significant for misdiagnosis cases. If a doctor dismisses your symptoms as “normal,” the clock usually is tolled (paused) until you get a second opinion that finally identifies the real underlying issue.
Are There Any Exceptions to the Standard Rule?
There are a few specific exceptions and rules to keep in mind when it comes to medical malpractice filing deadlines in New Jersey:
- Concealed Error: If a healthcare provider intentionally conceals clinical negligence, such as by falsifying patient records, the statute may apply “equitable tolling” to pause the statutory clock.
- Injuries Occurring at Birth: Claims involving malpractice during delivery typically must be initiated before the minor reached 13 years of age.
- Wrongful Death of a Minor: The tolling period for minors doesn’t apply to wrongful death claims; these actions must be commenced within two years from the date of the minor’s passing.
- Governmental and Public Entities: When a claim involves state or county facilities, a Tort Claims Notice must typically be served within 90 days of the incident.
- Absence of a Statute of Repose: New Jersey doesn’t have a cutoff date that bars claims regardless of when the injury was found, though the court will scrutinize claims involving significant delays in filing.
What is an Affidavit of Merit?
When it comes to medical malpractice, filing your lawsuit is only the first step. The state also requires plaintiffs to file an Affidavit of Merit. This document confirms that there is a reasonable probability that the defendant’s conduct fell below the acceptable standards of care. The affidavit must be filed within 60 days of the defendant’s formal response to the complaint. If necessary, you can request a single 60-day extension for good cause, providing a maximum of 120 days in total.
It should be noted that under the “kind-for-kind” rule, the expert witness must typically hold the same board certification as the defendant physician. Failure to comply with this requirement may result in the dismissal of your case, even if the statute of limitations has not yet expired.
If you believe you have been harmed by medical negligence, it’s in your best interest to connect with an attorney from the Law Office of Craig M. Rothenberg. Our legal team is prepared to help you understand your deadline and options during these difficult times.