When a doctor or other health care provider has been careless in treatment and a person is injured as a result, a lawsuit must be brought within a specified period of time known as the Statute of Limitations.

The Statute of Limitations for medical malpractice actions in New Jersey is two years. This means that a person must file a lawsuit for injuries against the doctor or health care provider within two years after the date of injury.

• For example, a person injured on January 1, 2000 would have to file a lawsuit by December 31, 2001.
  
• If a person over the age of 18 years does not file a lawsuit within this 2 year time frame, that person will be not allowed to file a lawsuit thereafter, although there are some limited exceptions to this law.
  
• If the person is a minor when injured, the law allows that person two years from the date of reaching the age of eighteen to file a lawsuit.

Prerequisites for Filing a Medical Malpractice Complaint

New Jersey Statute §§ 2A: 53A-27 to NJSA 2A: 53A-29

In New Jersey, in order to file a lawsuit for medical malpractice, the plaintiff (person filing the lawsuit) must provide each defendant (person being sued) with an Affidavit of Lack of Care.
Failure to provide the affidavit as required may result in the dismissal of the complaint.

• The Affidavit of Lack of Care must:
  
  • Be a notarized statement by a licensed professional in that field.
    
    • For example- if suing a dentist, one needs the affidavit of a dentist.
  • Say that there is a reasonable possibility that the care, skill or knowledge used by the professional in treating the plaintiff fell outside acceptable medical standards.