Buffalo Personal Injury Lawyer NewsCourt Clarifies Affidavit Of Merit Rule In Medical Malpractice Cases
In Haviland v. Lourdes Med. Ctr. of Burlington County, Inc., the plaintiff suffered a shoulder injury while undergoing a radiology exam because the technician deviated from accepted standards of medical care. However, the trial court dismissed the case because the plaintiff failed to file an affidavit of merit (AOM). The legal issue revolved around whether New Jersey law mandates AOMs for vicarious liability claims filed against healthcare establishments involving negligent unlicensed employees. After reviewing the medical malpractice case, the Superior Court of New Jersey ruled that the plaintiff was not required to file an AOM with his complaint. The decision to reverse the lower court’s dismissal of the lawsuit could have profound implications on future vicarious liability claims concerning the requirement of AOMs for med mal cases.
The Ruling’s Possible Implications For New York Med Mal Cases
New Jersey and 27 other states require an affidavit of merit for medical malpractice cases. Under New York Law, all med mal actions must be accompanied by a certificate from the plaintiff’s attorney, declaring that he or she consulted with at least one licensed physician and, after thoroughly assessing the facts of the case, has determined that there are adequate grounds for pursuing such action. The affidavit of merit mandate was primarily designed to filter out frivolous claims before they are brought to court.
