'Safety Valve' Saves Expert-Less Med Mal Suit, Court Rules
A New Jersey appeals court has reinstated a medical malpractice claim even though the plaintiff has not been able to secure an expert opinion from a physician who specializes in the same field as the defendant—despite some 100 attempts to do so.
September 27, 2017 at 06:29 PM
3 minute read
A New Jersey appeals court has reinstated a medical malpractice claim even though the plaintiff has not been able to secure an expert opinion from a physician who specializes in the same field as the defendant—despite some 100 attempts to do so.
The two-judge Appellate Division panel, in an unpublished ruling released on Tuesday, reinstated the lawsuit after it had been dismissed on summary judgment, finding that the plaintiff made a “good faith” effort to find an appropriately qualified expert.
Judges Susan Reisner and Richard Hoffman said that under the 2004 New Jersey Medical Care Access and Responsibility and Patients First Act (PFA), medical malpractice lawsuits shouldn't automatically be dismissed if the plaintiff is making good-faith efforts to find a qualified expert.
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