Based upon the line that divides the states of New York and New Jersey, a patient injured as a result of medical malpractice will see a dramatic difference in both the viability of their case and the way it will proceed to trial.
A patient’s medical malpractice claim in the state of New Jersey is subject to the affidavit of merit statute, N.J.S.A. 2A:53A-26 to -29, and the New Jersey Medical Care Access and Responsibility and Patients First Act, N.J.S.A. 2A:53A-41. The initial purpose of these acts was to require a plaintiff to reach “a threshold showing that their claim is meritorious, in order that meritless lawsuits readily could be identified at an early stage of litigation.”1
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