Medical malpractice in New Jersey
Last checked Aug 15, 2026 · LawyerUnc editorial. Educational only, not legal advice.
Elements
1
Provider-patient relationship
The defendant undertook to treat the patient.
2
Standard of care
What a reasonably careful similar provider would have done under similar circumstances.
3
Breach
The care fell below that standard.
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.
- An Affidavit of Merit is required in professional-negligence cases.
- A four-year outer limit applies in many medical files. Confirm the current statute.