New Jersey

Statute of Limitations

Medical Claim Generally:

A medical malpractice claim must be “be commenced within two years next after the cause of any action shall have accrued” [NJSA §2A:14-2]

Minors:

“In the event that an action by or on behalf of a minor that has accrued for medical malpractice for injuries sustained at birth is not commenced by the minor's parent or guardian prior to the minor's 12th birthday, the minor or a person 18 years of age or older designated by the minor to act on the minor's behalf may commence such an action. For this purpose, the minor or designated person may petition the court for the appointment of a guardian ad litem to act on the minor's behalf.” [NJSA §2A:14-2]

Wrongful death:

A wrongful death claim “shall be commenced within 2 years after the death of the decedent” [NJSA 2A:31-3]

Damage Caps

New Jersey currently does not have any damage caps except for a $250,000 cap on damages against a defendant who is a “nonprofit corporation, society or association organized exclusively for hospital purposes” [NJSA §2A:53A-8]

New Jersey does cap punitive damages at $350,000 or five times the amount of compensatory damages, whichever is greater.

Attorney Fee   Caps

There are statutory limitations on attorney fees determined by a percent of the amount recovered [Rule 1:21-7(c) of the Rules Governing the Courts of the State of New Jersey]

Pre-suit 

Requirements

“In any action for damages for personal injuries, wrongful death or property damage resulting from an alleged act of malpractice or negligence by a licensed person in his profession or occupation, the plaintiff shall, within 60 days following the date of filing of the answer to the complaint by the defendant, provide each defendant with an affidavit of an appropriate licensed person that there exists a reasonable probability that the care, skill or knowledge exercised or exhibited in the treatment, practice or work that is the subject of the complaint, fell outside acceptable professional or occupational standards or treatment practices.” [NJSA § 2A:53A-27]

Expert

Qualifications

The expert qualifications depend on whether the party against whom the testimony is offered is a “specialist” or a “general practitioner.” If the party is a specialist, the expert must be a credentialed physician, a specialist or subspecialist in the “same specialty or subspecialty, recognized by the American Board of Medical Specialties or the American Osteopathic Association, and during the year immediately preceding the date of the occurrence that is the basis for the claim or action, shall have devoted a majority of his professional time to either” active clinical practice or instruction. [NJSA § 2A:53A-41]

Negligent

Credentialing Claims

New Jersey does recognize negligent credentialing [Hollenbeck v. Phipps (1982)]