NJ Appeals Court: No Affidavit of Merit Needed for Negligence Claim Against Licensed Practical Nurse
In an issue of first impression, the appeals court found that under the Affidavit of Merit statute, a licensed practical nurse is not included as a "licensed person" and therefore no AOM is required for a malpractice or negligence claim.
November 10, 2022 at 04:43 PM
4 minute read
Credit: gpointstudio/Shutterstock.com Addressing an issue of first impression, the New Jersey Appellate Division ruled that a licensed practical nurse is not included in the definition of "licensed person" under the state's affidavit of merit statute.
On Aug. 2, 2018, plaintiff Guy Gilligan's wife, Il Son Gilligan, underwent colon surgery performed by Dr. Keith Meslin, according to the Nov. 9 opinion. Four days later, Guy Gilligan called Meslin's office at Virtua Surgical Group and spoke with Susan Junod, a licensed practical nurse. Gilligan told Junod that his wife was in pain and unable to eat. Junod told Gilligan his wife was most likely experiencing postoperative gas and told him she should take her medications, try to eat, drink liquids, and walk around.
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