For those attorneys that practice in the area of medical malpractice, a Ferreira conference has become a regular occurrence to review and identify various discovery concerns, including the sufficiency of a plaintiff’s affidavit of merit (AOM). The primary purpose of the AOM is to “require plaintiffs in malpractice cases to make a threshold showing that their claim is meritorious, in order that meritless lawsuits readily could be identified at an early stage of litigation.” Fink v. Thompson, 167 N.J. 551, 559 (2001). In actions arising out of professional malpractice, plaintiffs are required to obtain and serve an AOM within a maximum of 120 days from the date of the filing of an answer to a complaint. See N.J.S.A. 2A:53A-27. The sanction for failing to serve an AOM in compliance with the statute is a finding that the complaint “fails to state a cause of action.” N.J.S.A. 2A:53A-29. The New Jersey Supreme Court has held that “[a] dismissal for failure to comply with the statute should be with prejudice in all but exceptional circumstances.” Cornblatt v. Barow, 153 N.J. 218, 242 (1988).

In order to identify and alleviate issues relating to the AOM, the court will hold what is known as a Ferreira conference, which was established in the New Jersey Supreme Court decision of Ferreira v. Rancocas Orthopedic Assocs., 178 N.J. 144 (2003). In Ferreira, the New Jersey Supreme Court required that “a case management conference be held within ninety days of the service of an answer in all malpractice actions.” Id. at 154. The purpose of the conference is for the court to address all discovery issues, including the AOM, and to serve as a reminder of the obligation as well as to facilitate early identification of any deficiency in an AOM that has already been served. See id. at 155.

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