Do I need to have the surgeon who I received my second opinion and surgery from verbally admit to me that the first surgeons incorrect diagnosis and

You don't need that particular surgeon to do so, but in order to file an action for medical malpractice, a certificate of merit must be submitted together with the summons and complaint. This certificate states that you consulted with a medical professional who was able to tell you with a reasonable degree of medical certainty, after review of your records, that but for the action/inaction of the doctor in question, you would not have sustained the injury at issue. Keep in mind that the statute of limitations to file an action for medical malpractice is 2 1/2 years from the date of injury.