New Jersey Statute of Limitations for Medical Malpractice
In New Jersey, the statute of limitations for medical malpractice is 2 years. After this period, a lawsuit based on this type of claim is generally time-barred.
Data last updated: Apr 16, 2026Key Takeaways
- Time limit: 2 years from accrual.
- Statute: N.J. Stat. § 2A:14-2.
- 2 years from the date of the act or from discovery. Affidavit of merit required within 60 days of filing.
What are medical malpractice claims?
Claims against healthcare providers for negligent treatment, diagnosis, or care.
Details
2 years from the date of the act or from discovery. Affidavit of merit required within 60 days of filing.
General New Jersey Rules
New Jersey provides 6 years for contract and property claims, and 2 years for personal injury. The discovery rule is well-established in New Jersey and applies to medical malpractice and latent injury claims. Medical malpractice claims require an affidavit of merit from a qualified expert.
Other Statutes of Limitations in New Jersey
Medical Malpractice in Other States
Frequently Asked Questions
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What is the statute of limitations for medical malpractice in New Jersey?
The statute of limitations for medical malpractice in New Jersey is 2 years. Citation: N.J. Stat. § 2A:14-2.
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When does the clock start for medical malpractice in New Jersey?
2 years from the date of the act or from discovery. Affidavit of merit required within 60 days of filing.
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Can the statute of limitations for medical malpractice be extended in New Jersey?
In some cases, yes. Tolling provisions may apply for minors, persons with incapacity, or when the defendant is absent from the state. The discovery rule may also delay the start of the statute. Consult an attorney for your specific situation.