Courtesy image Failure to Satisfy AOM Statute's Kind-for-Kind Requirement Results in Dismissal of Med Mal Case
"Accordingly, pursuant to the plain terms of the PFA, as explained by the court in Nicholas, plaintiff's proffered AOM expert failed to satisfy the statute's kind-for-kind mandate for both defendant doctors," Appellate Division Judge Lisa Rose wrote.
March 08, 2023 at 12:07 PM
6 minute read
In a published opinion, the New Jersey Appellate Division reversed and remanded a case for dismissal after the plaintiff failed to provide an affidavit of merit that met the equivalency requirement of the Patients First Act, and refused to apply the waiver exception for falling short of "a good faith effort to satisfy the statute."
According to the opinion, plaintiff Janan Pfannenstein filed a complaint on April 14, 2021, individually and on behalf of her husband John's estate, that alleged the defendant doctors negligently provided medical care and treatment that caused his death. Pfannenstein filed the AOM of Dr. Biree Andemariam, a specialist in hematology.
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