New Jersey Medical Malpractice Laws
New Jersey requires an Affidavit of Merit from a qualified expert within 60 days of the defendant's answer (one extension available). There is no cap on compensatory damages in medical malpractice cases. Punitive damages follow the general tort cap (greater of 5x compensatory or $350,000). There is no general statute of repose. The discovery rule controls when claims may be brought.
Last verified: 2026-02-25
Statute of Limitations
Medical malpractice claims follow the general 2-year personal injury SOL with the discovery rule. For minors, the deadline is 2 years after turning 18, except birth injuries must be filed before the child's 13th birthday. No general statute of repose for medical malpractice.
Damage Caps
New Jersey does not cap compensatory damages (economic or non-economic) in medical malpractice cases.
Same general tort punitive damages cap applies to medical malpractice.
Filing Requirements
Within 60 days after the defendant files an answer, the plaintiff must serve an affidavit from a qualified expert (same specialty) stating there is a "reasonable probability" the care fell below acceptable standards. One 60-day extension available for good cause. Failure to comply results in dismissal with prejudice.
Official Sources
Not Legal Advice
This page summarizes publicly available statutes and rules for informational purposes only. It does not constitute legal advice, and no attorney-client relationship is created by viewing this content. Laws change — always verify with the primary source or consult a licensed attorney in New Jersey.
Other New Jersey Laws
Personal Injury Laws·Criminal Defense Laws·Family Laws·Immigration Laws·Employment Laws·Bankruptcy Laws·Workers' Compensation Laws·Social Security Disability Laws·Estate Planning Laws·Real Estate Laws·Landlord & Tenant Laws·Business Laws·Intellectual Property Laws·Tax Laws·Elder Laws·Civil Rights Laws·Domestic Violence Laws·Veterans Legal Services Laws·Healthcare & Benefits Laws