When seeking medical care, patients place trust in healthcare providers to deliver accurate diagnoses, appropriate treatment, and competent care. Unfortunately, mistakes happen—and when a medical error results in serious injury or worsened health, it may qualify as medical malpractice. In New Jersey, patients harmed by medical negligence have the right to pursue compensation through a malpractice claim. However, the process is complex and governed by strict legal rules.
This guide outlines the essential steps for filing a medical malpractice claim in New Jersey.
Understand What Counts as Medical Malpractice
Not every poor outcome is considered malpractice. Under New Jersey law, a medical malpractice claim must show that:
- A doctor-patient relationship existed, establishing a duty of care.
- The healthcare provider breached the standard of care—meaning they failed to act as a competent provider would have under similar circumstances.
- This breach directly caused injury or harm to the patient.
- The patient suffered measurable damages, such as physical injury, emotional suffering, medical costs, or lost income.
Examples of medical malpractice include surgical errors, misdiagnosis, delayed diagnosis, medication mistakes, birth injuries, and anesthesia complications.
Act Within the Statute of Limitations
New Jersey law requires medical malpractice claims to be filed within two years of the date the injury occurred or when it was reasonably discovered. For example, if a surgical sponge is left inside a patient and only discovered a year later, the two-year clock begins when the mistake was found.
For minors, the statute may be extended. In wrongful death cases, the claim must also be filed within two years of the date of death.
Failing to meet this deadline usually results in the case being dismissed.
Obtain a Certificate of Merit
New Jersey law requires that a Certificate of Merit be filed shortly after the lawsuit begins (typically within 60 days of the defendant’s answer to the complaint). This document must be signed by a qualified medical expert and confirm that there is a “reasonable probability” the care provided fell below acceptable medical standards.
Without this certificate, the court will likely dismiss the case, no matter how severe the injury.
Gather Evidence
Building a strong malpractice case requires detailed medical records and expert analysis. Important evidence may include:
- Medical records
- Test results and imaging
- Doctor and nurse notes
- Expert witness testimony
- Photographs or videos (if applicable)
- Documentation of lost wages or expenses
Experienced malpractice attorneys typically work with medical experts to review the records and determine whether a provider was negligent.
File the Complaint in Civil Court
To start the legal process, your attorney will file a formal complaint in the appropriate New Jersey Superior Court. The complaint outlines the facts of the case, the alleged negligence, the injuries suffered, and the compensation sought.
Once filed, the defendant(s) must be formally served with legal notice and given an opportunity to respond.
Participate in Discovery and Pretrial Proceedings
After the complaint is filed, both sides engage in discovery—a legal process in which each party shares information, evidence, and expert opinions. Depositions, interrogatories, and expert evaluations are common during this phase.
In many cases, the court may also require mediation or settlement conferences to encourage resolution before trial.
Go to Trial (If Necessary)
If a settlement cannot be reached, the case will proceed to trial. Both sides will present evidence and expert testimony before a judge or jury. A verdict will be issued determining whether malpractice occurred and how much compensation should be awarded, if any.
Final Thoughts
Filing a medical malpractice claim in New Jersey is a complex process that requires legal expertise, medical knowledge, and attention to strict deadlines. If you or a loved one has suffered harm due to a healthcare provider’s negligence, consulting with an experienced New Jersey medical malpractice attorney is essential. With the right guidance, you can protect your rights and pursue the justice and compensation you deserve.