Differences in NJ Medical Malpractice Law

Medical malpractice laws generally differ from state to state. The Newark medical malpractice law firm of Kirsch Gelband & Stone provides an overview to some of the differences in New Jersey malpractice law. If you were filing for a malpractice lawsuit in New Jersey, you may notice the following differences:

Expert Witnesses Rules

Under malpractice law in New Jersey, expert witnesses must be licensed and practicing in the same specialty as the defendant. The expert witness should also be familiar and have administered the same treatment that is at issue in the particular malpractice litigation.

Joint and Several Liability

In many other states, if more than one defendant is found liable for the injury suffered by a plaintiff, each defendant is individually liable for the entire amount of the judgment. If one defendant is unable to pay, the other defendants are liable for the entire amount. In New Jersey, each defendant is liable for damages only in an amount proportionate to that defendant's fault, unless a defendant is found 60% or more at fault for the cause of the plaintiff's injury.

Statute of Limitations

Lawsuits involving medical malpractice must be filed within a specified period of time, or you will lose the right to sue. Sometimes the claims are made against public medical employees, or public hospitals. In those instances, written Tort Claim Notices must be timely filed, or you will similarly lose the right to sue.

If you are filing a malpractice lawsuit in Newark, you will need the experts in the field that know the specific laws of New Jersey. The Kirsch Gelband & Stone malpractice law firm are experienced in medical malpractice cases. They aim to maximize the recovery for their clients, and will treat you with respect and confidence.

Call them today at (973) 623-0100 or use the email contact form.








contact us
Servicing the following New Jersey areas: Essex County, Union County, Morris County, Hudson County, Bergen County, Passaic County, Middlesex County, Newark, Elizabeth, Union, Irvington, Orange, East Orange, South Orange, West Orange, Millburn, Kearny, Harrison, Bloomfield, Jersey City, Union City, North Bergen, Paterson, Passaic, Hillside, Linden, Belleville, Caldwell, Montclair, Nutley, Verona, Fairfield, Maplewood, Roseland, Cranford, Old Bridge, Perth Amboy, Iselin, New Brunswick, Wayne, Clifton, Woodbridge, Carteret, Colonia, Edison, Metuchen, Plainfield, Rahway, Roselle, Springfield, Summit, Roselle Park, East Hanover, Florham Park, Morristown, Arlington, West New York, Fairlawn, Glenrock, Lodi, Hackensack, Rutherford