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New Jersey

Medical malpractice in New Jersey

Last checked Aug 15, 2026 · LawyerUnc editorial. Educational only, not legal advice.

Elements

  1. 1

    Provider-patient relationship

    The defendant undertook to treat the patient.

  2. 2

    Standard of care

    What a reasonably careful similar provider would have done under similar circumstances.

  3. 3

    Breach

    The care fell below that standard.

  4. 4

    Causation and injury

    The breach more likely than not caused a compensable injury, not merely a bad outcome.

Burden of proof

Preponderance of the evidence, usually with expert testimony on the standard of care.

A New Jersey fact pattern

A delayed cauda equina diagnosis in New Brunswick. New Jersey wants an Affidavit of Merit from a like-licensed physician. A bad outcome is not enough. The two-year clock, and the outer limit, will end the file before the medicine is even argued if the paper is late.

Statute of limitations

2 years

N.J.S.A. 2A:14-2 (as applied to professional negligence)

From injury, with discovery in some settings.

Repose: 4 years.

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