New Jersey Statute of Limitations for Filing Medical Malpractice Lawsuits
What are the statutes of limitations in New Jersey for filing a medical malpractice lawsuit?
In New Jersey, the statute of limitations for taking legal action against a doctor for medical malpractice is two years when the injured person is an adult (18 years or older at the time of the injury.)
If a child is involved, or the injury occurred at birth, there are different time frames (see below.)
General Statutes of Limitations in New Jersey for personal injury lawsuits are:
- Adults must file a lawsuit within two years from the date the injury occurred;
- Lawsuits on behalf of minors must be filed within two years of the minor’s 18th birthday.
New Jersey Medical Malpractice Lawsuits:
- Adults must file a suit within two years of the time a person could or should have known that malpractice was committed;
- Minors must file a suit within two years of the person’s 18th birthday, unless the injury occurred at birth;
Medical malpractice lawsuits for injuries at birth:
- Minors born before 2004 who suffered birth injuries, a medical malpractice lawsuit must be filed within two years of the injured minor’s 18th birthday;
- Minors born after 2004, who suffered an injury at birth, must be filed by the minor’s 13th birthday.
New Jersey Product Liability Lawsuits
In some cases, product liability becomes an issue when a patient is harmed. For example, faulty medical devices, dangerous medications, and even surgical equipment can cause injuries. Product liability lawsuits must be filed within two years of the date of the injury.
New Jersey Statutes of Limitations Under N.J.S.A. 2A:14
Under New Jersey law, the time limits within which one must file a lawsuit can be found in various statutes, one of which is New Jersey Statutes Annotated (N.J.S.A.) at N.J.S.A. 2A:14:
2A:14-2.1. 2 years; action by parent or other person for injury to minor child; joinder with action on behalf of minor child
Where a parent or other person has a claim for damages suffered by him because of an injury to a minor child caused by the wrongful act, neglect or default of any person within this State, an action at law upon such claim may be commenced by the said parent or other person within the same period of time as provided by law in the case of the said minor child so injured, provided that, if an action is commenced by or on behalf of the said minor child, the said claim of the parent or other person shall be asserted and maintained in such action brought on behalf of the injured minor child either as a plaintiff or third party plaintiff and if not so asserted shall be barred by the judgment in the action brought on behalf of said injured minor child.