What Is the Statute of Limitations for Medical Malpractice in New Jersey?
In New Jersey, the statute of limitations for medical malpractice is generally 2 years under N.J.S.A. § 2A:14-2.
Medical malpractice Deadlines in New Jersey
How long do you have to file a medical malpractice claim in New Jersey?
In New Jersey, the statute of limitations for medical malpractice is generally 2 years under N.J.S.A. § 2A:14-2.
When does the clock start for medical malpractice in New Jersey?
Two years, with the discovery rule applying where the injury or its negligent cause was not reasonably knowable.
Can the New Jersey deadline for medical malpractice be extended?
An affidavit of merit from a qualified expert is required within 60 days of the answer under N.J.S.A. § 2A:53A-27, and failure to serve it is generally fatal to the claim. Birth-injury claims involving a minor have their own extended rules.
Is the deadline different if the claim is against the government in New Jersey?
Often, yes. Notice of tort claim within 90 days under N.J.S.A. § 59:8-8. The New Jersey Tort Claims Act requires a notice of claim to be filed with the public entity within 90 days of accrual. The notice does not replace the two-year limitations period — both must be met, and the suit generally cannot be filed until the entity has…
How does New Jersey compare to other states for medical malpractice?
New Jersey's 2 years is in the middle of the range nationally. Across the 51 jurisdictions with a verified figure, the deadline for medical malpractice ranges from 1 year to 4 years, and 2 years is the most common. Compare all states →
What Does Medical Malpractice Cover?
Situations that typically fall under the medical malpractice deadline in New Jersey:
