Skip to main content

What is necessary to prove my medical malpractice lawsuit in New Jersey?

Sponsored Answer
Gary D. Ginsberg - Personal Injury - General - Super Lawyers

Answered by: Gary D. Ginsberg

Located in Cherry Hill, NJGinsberg & O'Connor, PC

Phone: 856-727-1991
Fax: 856-727-9616

View Profile

Normally, a consumer can report bad service or a defective product and get satisfaction. Negligent medical care and defective medical equipment can cause you additional pain, suffering or a loved one’s death. If medical malpractice did not meet a professional standard of care, there are things you must prove.

After a medical procedure, your biggest concern should be your health and recovery. You should not have to worry about demonstrating that you did not receive acceptable medical treatment. New Jersey has several laws, and the process of filing and succeeding in medical malpractice lawsuits can complicate your case.

There are several things you have to prove in medical malpractice cases. Here are some general principles and standards you must meet to file a medical malpractice claim:

  • You must prove that you had a professional relationship with the doctor.
  • You cannot just be unhappy with the treatment you received. You must prove negligence caused you harm.
  • Contributed to your injury. Most patients seek medical care because they are hurt or sick. This raises a question: Did the doctor cause you harm? You must prove that your pain was not preexisting and that the medical staff caused it.
  • They did not meet their professional standards. You can sue for physical pain; mental anguish; added medical bills; and lost work/diminished earning capacity.

Common Types Of Medical Malpractice

The categories include:

  • Failure to diagnose
  • No warning of dangers and risks
  • Improper treatment

Statute of limitations - Even if someone died, you have a limited amount of time to file your medical malpractice lawsuit.

  • There are exceptions, but in most cases, you have two years from the date of your injury (or when you should have known about the injury) to file your lawsuit.
  • Wrongful death - If someone died due to medical malpractice, you have two years from the date of the death to file the lawsuit.

The exceptions to the statute of limitations are:

  • Injuries to minor children. A child that was hurt due to medical malpractice has until they turn 18 years old to file a lawsuit. This allows children who need long-term care to get compensation to cover medical and health care expenses.
  • Birth injuries. If a child suffered an injury that happened in child birth, their case must be filed by the time they turn 13.
  • Child’s death. It is important to note that if a child died due to medical malpractice, the lawsuit must be filed within two years of the date of the child’s death.
  • Lack of mental capacity. The process can be delayed if a loved one was injured but is found to be mentally ill or mentally disabled because of the medical malpractice. The two-year deadline will be imposed from the date the patient is mentally sound.\
  • If a patient’s problems do not show up until years after the medical malpractice. In this case, the two-year standard does not start until the date they became aware of the injury.

Affidavits Of Merit

If you are filing a medical malpractice lawsuit, you must provide an affidavit of merit within 60 days from the date the health care provider filed a formal response to your complaint. This is a declaration by a qualified medical expert who is under oath.

The medical professional must state that the care you received was below reasonable expected standards of the medical community. You must have an affidavit of merit for each doctor, provider and health care facility you are filing against.

Comparative Negligence

If you were determined to be partially at fault for your injuries, your damages could be limited. The amount you can recover can be reduced by the percentage you were found to have contributed to the injury.


Damages are the amount of money you can recover from a health care provider who caused your injury or a death. New Jersey does not have a cap on either economic or noneconomic damages for medical malpractice. There is a cap on punitive damages.

  • Punitive damages. Limited to $350,000 (or five times the amount of damages). It depends on which one is greater.

The types of damages include:

  • Economic (compensatory) - Compensation for financial losses that includes medical care; lost wages; loss of earning capacity; medical tests; assistive medical equipment; corrective surgery.
  • Includes pain and suffering, mental anguish, loss of enjoyment of life, loss of companionship, disfigurement, loss of reputation, humiliation.

Medical malpractice lawsuits can be complicated. It is in your best interest to hire an experienced medical malpractice attorney to assist you and help you build your case.

Other Answers By Gary D. Ginsberg

Photo of Gary D. Ginsberg

How do I select the best attorney for my medical malpractice lawsuit in New Jersey?

Filing a lawsuit with inexperienced or insufficient legal counsel makes producing a successful outcome more …

Sponsored answer by Gary D. Ginsberg

Photo of Gary D. Ginsberg

Why should I hire a lawyer if I am injured in a New Jersey car accident?

Today’s cars have a number of safety components designed to protect drivers and passengers when accidents …

Sponsored answer by Gary D. Ginsberg

Other Answers About Medical Malpractice

Photo of Jordan R. Pine

How Do I Know If I Have A Dental Malpractice Case In New York?

All medical professionals have a duty of care to their patients. “Duty of care” is a legal term …

Sponsored answer by Jordan R. Pine

Photo of Curtis A. Thurston, Jr.

Can I sue if I am numb after dental work in Georgia?

The short answer: Any continuing numbness after a dental procedure may be a sign of nerve damage and may be a case …

Sponsored answer by Curtis A. Thurston, Jr.

Photo of Philip A. Gold

How do I know if medical malpractice caused my loved one’s stroke in Florida?

Strokes are common and can lead to catastrophic damage if not managed appropriately. Thankfully, standards in …

Sponsored answer by Philip A. Gold

Call Me

To: Gary D. Ginsberg

Super Lawyers: Potential Client Inquiry

Required fields are marked with an asterisk (*).


The information contained in this web site is intended to convey general information. It should not be construed as legal advice or opinion. It is not an offer to represent you, nor is it intended to create an attorney-client relationship. The use of the internet or this contact form for communication is not necessarily a secure environment. Contacting a lawyer or law firm email through this service will not create an attorney-client relationship, and information will not necessarily be treated as privileged or confidential.

Page Generated: 1.3876268863678 sec