affidavit of merit Archives - Medical Malpractice Lawyers

New Jersey Appellate Court Affirms Dismissal Of Pro-Se Medical Malpractice Case For Failure To File Affidavit Of Merit

April 9, 2026

On July 16, 2024, plaintiff, as a self-represented litigant, filed a handwritten New Jersey medical malpractice complaintagainst defendants. In the accompanying Case Information Statement (CIS), plaintiff checked the “yes” box, indicating her assertion of a professional malpractice claim[...]

New Jersey Appellate Court Affirms Dismissal Of Medical Malpractice Case Due To Defective Affidavit Of Merit

September 6, 2025

On June 1, 2018, Marc Sovelove (decedent) underwent an elective right kidney biopsy at Overlook Hospital in Summit that had been ordered by his nephrologist, defendant Dr. Sanford T. Reikes, M.D. The procedure was performed by defendant Dr. Michael Shirazi, an interventional radiologist, where a com[...]

New Jersey Supreme Court Explains Same Specialty Medical Expert Requirement In Medical Malpractice Cases

March 8, 2025

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 speciali[...]

New Jersey Appellate Court Affirms Common Knowledge Exception Did Not Apply In Surgical Malpractice Case

January 20, 2025

The pro se medical malpractice plaintiffs in a New Jersey medical malpractice case alleged that the defendant medical professionals deviated from the standard of care by failing to postpone surgery and obtain cardiac clearance given plaintiff’s pre-existing conditions, failing to conduct perti[...]

New Jersey Supreme Court Addresses Affidavit Of Merit Requirements In Medical Malpractice Cases

September 17, 2024

Pursuant to N.J.S.A. 2A:53A-27, a plaintiff in an action against a licensed professional must produce an affidavit from an expert attesting to the merits of the claim. Issues regarding the expert affidavit — the Affidavit of Merit (AOM) — are to be resolved at an accelerated case managem[...]

Ohio Appellate Court Holds Medical Malpractice Attorney Should Not Have Been Sanctioned For Failure To File Affidavit Of Merit In Multiple Cases

April 3, 2024

Glenn D. Feagan, Esq., appealed the judgments of the Hamilton County Court of Common Pleas awarding sanctions against him under R.C. 2323.51 and Civ.R. 11 for failing to file a requisite affidavit of merit or a motion for extension with three respective medical-malpractice complaints. Civ.R. 10(D)(2[...]

New Jersey Appellate Court Discusses Need For Affidavit Of Merit In Vicarious Liability Claim Against Nursing Home

February 27, 2024

Background Facts Plaintiff, as administratrix ad prosequendum for the estate of decedent, sued a nursing facility and a hospital alleging negligent care that resulted in pressure wounds and, ultimately, decedent’s physical decline and death. Plaintiff asserted direct claims of administrat[...]

Michigan Supreme Court Rules Filing Affidavit Of Merit In Medical Malpractice Cases Not Required To Commence A Medical Malpractice Action Or To Toll Statute Of Limitations

September 20, 2023

Background Facts Candi Ottgen and her husband, Patrick Ottgen, brought a medical malpractice action against Abdalmaijid Katranji, M.D., and others, alleging that Katranji had negligently performed two thumb surgeries on Candi Ottgen on May 1, 2017, and July 23, 2017. Plaintiffs filed the action on A[...]

New Jersey Appellate Court Affirms Dismissal Of Medical Malpractice Case Due To Defective Affidavit Of Merit

July 1, 2023

Case Dismissed Due To Defective Affidavit Of Merit: Alexandrianna Lowe (Lowe) was admitted to Hackensack Meridian Jersey Shore University Medical Center (JSUMC) from July 20, 2018 through July 22, 2018 through the Emergency Department. Defendant Michael P. Carson, M.D. was the admitting physician. L[...]

New Jersey Appellate Court Holds Trial Court Erred In Dismissing Medical Malpractice Case Based On Failure To File Affidavit Of Merit

March 11, 2023

Court Erred In Dismissing Medical Malpractice Case: N.J.S.A. 2A:53A-28 provides that an affidavit of merit (“AOM”) is not required in a New Jersey medical malpractice case “if the plaintiff provides a sworn statement . . . setting forth that: the defendant has failed to provide pla[...]

Recoverable Damages In Negligent Reproductive Health Care Cases

New Jersey Supreme Court Rules No Affidavit Of Merit Needed For Vicarious Liability Claim Against Licensed Entity For Negligence Of Unlicensed Person

June 16, 2022

In its opinion filed on April 12, 2022, the New Jersey Supreme Court stated: “The Affidavit of Merit (AOM) statute, N.J.S.A. 2A:53A-26 to -29, requires a plaintiff bringing a malpractice or a negligence claim against a “licensed person” to submit an AOM by an appropriately licensed person [...]

New Jersey Appellate Court Affirms No Affidavit Of Merit Needed For Malpractice Claim Involving Unlicensed Employee

February 19, 2021

The Superior Court of New Jersey Appellate Division (“New Jersey Appellate Court”) stated in its published opinion filed on January 27, 2021, “This appeal presents a discrete yet novel issue, requiring us to determine whether an affidavit of merit (AOM) is mandated under the Affida[...]

1 2 »

Tag: affidavit of merit

New Jersey Appellate Court Affirms Dismissal Of Pro-Se Medical Malpractice Case For Failure To File Affidavit Of Merit

New Jersey Appellate Court Affirms Dismissal Of Medical Malpractice Case Due To Defective Affidavit Of Merit

New Jersey Supreme Court Explains Same Specialty Medical Expert Requirement In Medical Malpractice Cases

New Jersey Appellate Court Affirms Common Knowledge Exception Did Not Apply In Surgical Malpractice Case

New Jersey Supreme Court Addresses Affidavit Of Merit Requirements In Medical Malpractice Cases

Ohio Appellate Court Holds Medical Malpractice Attorney Should Not Have Been Sanctioned For Failure To File Affidavit Of Merit In Multiple Cases

New Jersey Appellate Court Discusses Need For Affidavit Of Merit In Vicarious Liability Claim Against Nursing Home

Michigan Supreme Court Rules Filing Affidavit Of Merit In Medical Malpractice Cases Not Required To Commence A Medical Malpractice Action Or To Toll Statute Of Limitations

New Jersey Appellate Court Affirms Dismissal Of Medical Malpractice Case Due To Defective Affidavit Of Merit

New Jersey Appellate Court Holds Trial Court Erred In Dismissing Medical Malpractice Case Based On Failure To File Affidavit Of Merit

New Jersey Supreme Court Rules No Affidavit Of Merit Needed For Vicarious Liability Claim Against Licensed Entity For Negligence Of Unlicensed Person

New Jersey Appellate Court Affirms No Affidavit Of Merit Needed For Malpractice Claim Involving Unlicensed Employee

Talk to a Lawyer Today

Call 800-295-3959 or Contact Us