Health & Medical in New Jersey
Key New Jersey Law
New Jersey Statutes Annotated Section 2A:14-2
New Jersey requires medical malpractice claims to be filed within two years of the date of the negligent act or when the patient knew or should have known of the injury, under N.J.S.A. § 2A:14-2.
View official statuteProcedural Details in New Jersey
New Jersey Agencies & Resources
New Jersey State Board of Medical Examiners
Licenses and disciplines physicians in New Jersey; investigates complaints about professional conduct.
New Jersey Department of Health
Oversees hospital licensing and patient rights in New Jersey.
New Jersey Department of Banking and Insurance
Regulates health insurance and handles consumer complaints in New Jersey.
Frequently Asked Questions
What is the statute of limitations for medical malpractice in New Jersey?
N.J.S.A. § 2A:14-2 provides a two-year statute of limitations from the date of injury or discovery. An Affidavit of Merit from a same-specialty expert must be served within 60 days of filing (or 120 days with good cause) under § 2A:53A-27.
What is the Affidavit of Merit in New Jersey malpractice cases?
New Jersey law (N.J.S.A. § 2A:53A-27) requires a plaintiff to obtain and serve an Affidavit of Merit from a licensed, same-specialty physician within 60 days of filing a malpractice complaint (extendable to 120 days). The affidavit must state there is a reasonable probability the defendant deviated from the standard of care. Failure to serve the AOM may result in dismissal with prejudice.
Does New Jersey cap non-economic damages in malpractice cases?
No. New Jersey does not have a statutory cap on non-economic damages in medical malpractice cases. Juries determine the full amount of compensation for pain and suffering, emotional distress, and other non-economic losses. Economic damages are also uncapped.
How do I file a complaint against a doctor in New Jersey?
Complaints against physicians may be filed with the New Jersey State Board of Medical Examiners through the Division of Consumer Affairs at njconsumeraffairs.gov/bme. The Board investigates and may impose conditions, suspend, or revoke a medical license. Board proceedings do not compensate patients.
Related Health & Medical Scenarios
Can I sue over incorrect or excessive medical bills?
Legal options when you receive incorrect, inflated, or surprise medical bills that violate billing regulations or the No Surprises Act.
Can I sue for wrongful death caused by medical negligence?
Legal options when a family member dies due to medical negligence, surgical errors, or hospital failures.
Can I sue for a medication or prescription error?
Legal options when pharmacy errors, wrong dosages, dangerous drug interactions, or failure to warn causes patient harm.
Can I sue for delayed cancer diagnosis?
Legal options when a physician's failure to timely diagnose cancer results in disease progression and reduced treatment options.
Have a Specific Situation in New Jersey?
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