The New Jersey Supreme Court held in its January 22, 2024 decision in a New Jersey medical malpractice case: “When a defending physician practices in more than one specialty and the treatment involved falls within any of that physician’s specialty areas, then an AOM from a physician specializing in one of those specialties is sufficient.” The New Jersey Supreme Court stated the issue on appeal as “whether plaintiffs’ service of an affidavit of merit (AOM) from a board-certified internal medicine doctor is sufficient to overcome a motion to dismiss when defendants’ Rule 4:5-3 Specialty Statement states that “[a]t all relevant times, these defendants practiced the medical specialties of Internal Medicine and Gastroenterology and their treatment of [the patient] involved the medical specialties of Internal Medicine and Gastroenterology.””
Background Facts
Plaintiffs, the administrators of the Estate of April Carden, filed a New Jersey medical malpractice complaint against defendants Hackensack Meridian Health d/b/a JFK University Medical Center (JFK), Alok Goyal, M.D., and South Plainfield Primary Care (SPPC). Plaintiffs alleged that Carden’s death was directly attributable to Allopurinol prescribed by Dr. Goyal, that Dr. Goyal’s negligence caused Carden’s death, and that JFK and SPPC were vicariously liable because Dr. Goyal was an “agent, servant, or employee” of both.
Dr. Goyal and SPPC filed their answer and included the following Rule 4:5-3 Specialty Statement: “At all relevant times, these defendants practiced the medical specialties of Internal Medicine and Gastroenterology and their treatment of
[Carden] involved the medical specialties of Internal Medicine and Gastroenterology.”
Plaintiffs provided each defendant with an AOM from Dr. Stella Jones Fitzgibbons, who is board certified by the American Board of Internal Medicine. Defendants stated that Dr. Fitzgibbons was unqualified to execute an AOM as to them. Dr. Goyal amplified his Specialty Statement, noting that “[a]ll treatment that I rendered to [Carden] was provided as both an internist and as a gastroenterologist.” Defendants then moved to dismiss the complaint for failure to comply with the AOM statute. Plaintiffs argued that internists prescribe Allopurinol, not gastroenterologists. Alternatively, plaintiffs argued that, given defendants’ Specialty Statement, an AOM from an internist is sufficient.
The trial judge denied the motions to dismiss the complaint. He found “that the ‘care and treatment at issue’ was the prescribing of Allopurinol, and the ‘care or treatment at issue involves internal [medicine].’” (citing N.J.S.A. 2A:53A-41).
Relying on Buck v. Henry, 207 N.J. 377 (2011), the trial judge concluded alternatively that plaintiffs complied with the AOM statute by submitting the AOM from Dr. Fitzgibbons, who is board certified in internal medicine. The judge later
denied defendants’ motion for reconsideration.
The New Jersey Appellate Division granted defendants’ motion for leave to appeal from the orders denying their motions to dismiss and for reconsideration and reversed those orders, concluding that plaintiffs were required to “serve an AOM from a physician board certified in each of [Dr. Goyal’s] specialties” and that the language from Buck on which the trial court relied was dicta. The New Jersey Supreme Court t granted leave to appeal and then ruled “We therefore reverse the Appellate Division’s judgment, reinstate the trial court orders denying defendants’ motions to dismiss and motions for reconsideration, and remand for further proceedings.”
The New Jersey Supreme Court stated: “Here, it is undisputed that Dr. Goyal is board certified in the specialty of internal medicine and in the subspecialty of gastroenterology. The plain language of N.J.S.A. 2A:53A-41 does not require an AOM to be from an individual with the same numerous specialties as the defending physician; instead, it requires only the same “specialty or subspecialty” in the singular. And Dr. Goyal’s “care or treatment at issue” involves his “specialty or subspecialty” of internal medicine and gastroenterology, as stated in his Specialty Statement. Thus, as to the threshold issue of whether plaintiffs’ AOM is sufficient to survive a motion to dismiss, Dr. Goyal’s Specialty Statement and his later certification verify that his treatment of Carden involved his medical specialties of internal medicine and gastroenterology. Under Buck, when “the treatment involved may fall within [a] physician’s multiple specialty areas” — as is the case here — “an [AOM] from a physician specializing in either area will suffice.” 207 N.J. at 391. Dr. Fitzgibbons’ AOM complies with the AOM statute, N.J.S.A. 2A:53A-41(a)(2)(a), and Buck, neither of which require an AOM from an individual matching all areas of practice if a defending physician practices in multiple specialty areas. Accordingly, the trial judge correctly denied defendants’ motions. Plaintiffs must still demonstrate Dr. Goyal’s professional negligence at trial.”
Source Earneka Wiggins v. Hackensack Meridian Health, (A-43-23) (089441).
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