The New Jersey State Bar Association strongly supports A-1982 (Prieto), which Assembly Speaker Vincent Prieto introduced earlier this session and requires certain civil actions against certain licensed persons to be brought within two years.
The NJSBA developed this legislation to improve the way professional malpractice disputes are addressed, placing professional engineers, architects, healthcare practitioners, contractors, and legal professionals on the same playing field as medical and other professionals. Specifically, the bill would require that civil actions alleging professional malpractice be brought within two years, as is the case with civil actions generally and, notably, with medical professionals. It also eliminates certain attorney fees for bringing legal malpractice actions, currently permitted under Saffer v. Willoughby, 143 N.J. 256 (1996). Importantly, the bill also ensures that malpractice victims continue to have adequate recourse by preserving the protections contained in the rules of court for those who uncover acts that justify a claim, even after two years have expired. The changes the bill makes are fair and reasonable, and will bring New Jersey law in line with neighboring states. Right now, professionals in our state are subject to disparate statutes of limitations. This is confusing, fundamentally unfair, and has negative implications for liability insurance coverage. New Jersey ranks among the costliest states to write certain professional malpractice policies. The reduced exposure under this bill should reduce malpractice insurance costs and provide greater predictability for many New Jersey businesses offering professional services.
