New Jersey residents can file a medical malpractice claim if they experience an injury caused by health care provider negligence. The plaintiff must meet the state requirements for this type of lawsuit before moving forward in court.
Review the factors that influence the ability to sue for medical malpractice in the Garden State.
Affidavit of merit
New Jersey requires medical malpractice plaintiffs to file a certificate of merit. This affidavit from a health care provider certifies that the defendant’s conduct failed to meet the duty of care expected from a person in this role. He or she must be a licensed provider with expertise in the defendant’s field. For example, a birth injury case should carry an affidavit of merit from an obstetrician.
When a plaintiff files a medical malpractice lawsuit, the provider may respond. The plaintiff then has 60 days from receipt of the response to file the affidavit of merit. Plaintiffs filing a claim against more than one health care provider must submit separate affidavits for each.
Statute of limitations
Injured individuals must also abide by the statute of limitations for medical malpractice claims in New Jersey. The court will reject lawsuits filed more than two years after the injury date. When the discovery of the injury happens later, the two-year time limit starts on the discovery date.
Special rules apply to birth injuries. Parents can file a lawsuit on behalf of a child injured at birth until he or she turns 13.
Following these guidelines closely can help a New Jersey medical malpractice lawsuit proceed smoothly.