New Jersey Affidavit of Merit in Medical Malpractice Lawsuits
What is an Affidavit of Merit? Do I have to have one to file a malpractice lawsuit in New Jersey?
In 2004, the New Jersey Affidavit of Merit Statutes have required lawyers to obtain an Affidavit of Merit before filing a medical malpractice lawsuit.
An Affidavit of Merit is a statement from another medical professional who practices in the same field of medicine, or one that is substantially similar to that of the doctor being accused of malpractice. The affidavit must say that the “expert” believes there was some issue with your care or medical procedures that was not in accordance with what would be considered acceptable standards.
Although New Jersey law does allow you to file an initial complaint of medical malpractice without an Affidavit of Merit, your attorney must also file an Affidavit of Merit within 60 days after filing your initial complaint. If your attorney does not obtain an Affidavit of Merit your case cannot go to trial and will be dismissed.
An Affidavit of Merit Must be Obtained From Qualified Medical Professional
It is important to note that New Jersey courts have been very specific: the Affidavit of Merit must come from another doctor who is qualified to make a judgment about the specific medical procedures in question.
For example, New Jersey courts ruled in favor of two neurosurgeons in a medical malpractice lawsuit filed against them. The plaintiff provided an Affidavit of Merit, however it was from an anesthesiologist who had never practiced neurosurgery, had not completed a residency in the field, and was not credentialed by any hospital to perform the procedure at issue. The trial court dismissed the case. The plaintiff appealed, but the Appellate Division of the Superior Court of New Jersey upheld the trial courts ruling.
If you are a victim of eye surgery malpractice, an Affidavit of Merit could not be obtained from a pediatrician, or general practitioner. It must be written by another ophthalmologist or surgeon who is qualified to make judgments about your particular procedure.
You must also file your initial complaint within the statutes of limitations for New Jersey.
