Skip to main content
FlowLawyers

New Jersey law

Medical Malpractice Laws in New Jersey.

New Jersey requires an Affidavit of Merit from a qualified expert within 60 days of the defendant's answer (one extension available). There is no cap on compensatory damages in medical malpractice cases. Punitive damages follow the general tort cap (greater of 5x compensatory or $350,000). There is no general statute of repose. The discovery rule controls when claims may be brought.

Last verified: 2026-02-25

State law

Statute of Limitations

2 years from discoveryN.J.S.A. 2A:14-2

Medical malpractice claims follow the general 2-year personal injury SOL with the discovery rule. For minors, the deadline is 2 years after turning 18, except birth injuries must be filed before the child's 13th birthday. No general statute of repose for medical malpractice.

State law

Damage Caps

Compensatory Damages: No cap

New Jersey does not cap compensatory damages (economic or non-economic) in medical malpractice cases.

Punitive Damages: Greater of 5x compensatory or $350,000N.J.S.A. 2A:15-5.14

Same general tort punitive damages cap applies to medical malpractice.

State law

Filing Requirements

Affidavit of MeritN.J.S.A. 2A:53A-26 et seq.

Within 60 days after the defendant files an answer, the plaintiff must serve an affidavit from a qualified expert (same specialty) stating there is a "reasonable probability" the care fell below acceptable standards. One 60-day extension available for good cause. Failure to comply results in dismissal with prejudice.

State law

Official Sources

NJ Legislature — Affidavit of Merit Act (N.J.S.A. 2A:53A-27)

Not Legal Advice

This page summarizes publicly available statutes and rules for informational purposes only. It does not constitute legal advice, and no attorney-client relationship is created by viewing this content. Laws change — always verify with the primary source or consult a licensed attorney in New Jersey.

Also in the directory

Browse attorneys for this issue in New Jersey.

Browse Medical Malpractice attorneys

More in New Jersey

Other state law topics.

Personal Injury Laws·Criminal Defense Laws·Family Laws·Immigration Laws·Employment Laws·Bankruptcy Laws·Workers' Compensation Laws·Social Security Disability Laws·Wrongful Death Laws·Product Liability Laws·Long-Term Disability & ERISA Laws·Estate Planning Laws·Probate Laws·Real Estate Laws·Landlord & Tenant Laws·Business Laws·Intellectual Property Laws·Tax Laws·Elder Laws·Nursing Home Abuse & Neglect Laws·Civil Rights Laws·Domestic Violence Laws·Veterans Legal Services Laws·Healthcare & Benefits Laws·Construction Defect Laws·Insurance Disputes Laws·Premises Liability Laws·Commercial Litigation Laws·Environmental Laws·Securities & Finance Laws·Municipal Laws·Administrative Laws

FlowLawyers Logo
FlowLawyersAccess to Justice

Browse the legal platform.

Browse attorneys by state and practice area, explore legal aid resources, and access state law and legal education in one place.

For Attorneys

FlowCounsel

Attorney Advertising Disclosure

ATTORNEY ADVERTISING. FlowLegal Partners LLC is an attorney directory and advertising platform dedicated to improving access to legal representation across the United States. We are not a law firm and do not operate as a lawyer referral service. We do not practice law, evaluate legal matters, provide legal advice, make legal judgments, or recommend or endorse any specific attorney. AI-generated work product requires attorney review and approval before use. Attorney supervision of all AI output is required and is the sole responsibility of the subscribing firm. Attorneys may pay for enhanced directory listings and advertising placement. The presence of an attorney on our platform does not constitute an endorsement or recommendation. Prior results do not guarantee a similar outcome.

© 2025–2026 FlowLegal Partners LLC