If you have been harmed by medical negligence, understanding New Jersey’s statute of limitations is critical. The state applies two separate deadlines to medical malpractice claims, one triggered by the discovery of the injury, and one that serves as a cutoff for birth injury cases regardless of the circumstances. Failing to meet the state’s strict filing deadlines can forfeit your right to seek compensation. Please continue reading to learn how long you have to file a medical malpractice claim in New Jersey and how a determined Union County Medical Malpractice Lawyer can help safeguard your rights.

What is the Statute of Limitations for Medical Malpractice Claims in New Jersey?

Under N.J.S.A. 2A:14-2, medical malpractice claims typically must be filed within two years of the date you discovered, or reasonably should have discovered, both the injury and a reasonable possibility that malpractice occurred. This is commonly referred to as the “discovery rule,” which exists because injuries arising from medical negligence don’t appear right away. The official clock doesn’t start on the date of treatment, but rather when you had reasonable grounds to suspect an error.

Does New Jersey Have a Statute of Repose for Medical Malpractice?

New Jersey has no general statute of repose for medical malpractice, so the discovery rule controls even for injuries found years later. The exception is birth injuries. Under N.J.S.A. 2A:14-2(a), a claim for injuries sustained at birth must be filed before the child’s 13th birthday, regardless of when the injury was discovered. Other claims by minors generally run two years from the child’s 18th birthday. Given the fact that this outer limit is generally final, early evaluation is vital to protect your interests.

What Is New Jersey’s Affidavit of Merit Requirement?

New Jersey has no pre-suit notice, but once the lawsuit is filed, claimants must complete these steps:

  • Serve an “Affidavit of Merit” from an appropriately licensed medical professional on each defendant within 60 days after that defendant’s answer (N.J.S.A. 2A:53A-27).
  • It must state a reasonable probability that the care fell below accepted professional standards.
  • The court may grant one extension of up to 60 days for good cause.
  • Missing the deadline can result in dismissal.

Furthermore, the statute of limitations may be paused if a provider actively concealed their negligence. This requires affirmative acts intended to prevent discovery.

If you suspect you or a loved one has been harmed by medical negligence, please don’t hesitate to contact an attorney from Lee Law Firm, LLC. Our legal team is prepared to help guide you through this complex process.