Male patient having consultation with doctor. NJ Supreme Court Clarifies AOM Medical Records Review, Stresses Importance of 'Ferreira' Conference
"The AOM requirement should not be a minefield battle about hypertechnicalities; the requirement is a threshold issue only meant to weed out unmeritorious cases at the beginning of the case before discovery has taken place. The court's decision strikes the right balance on protection of a plaintiff's meritorious case from dismissal with prejudice at a time when many facts are still unknown with providing a defendant with notice that the claim as alleged has merit," said Christina Vassiliou Harvey, a partner with Lomurro Munson.
July 11, 2024 at 05:57 PM
5 minute read
In a unanimous decision Thursday, the New Jersey Supreme Court held that an affidavit of merit does not need to specify that the affiant reviewed medical records attesting to the merits of a claim, and stressed the importance of a Ferreira conference in professional negligence actions.
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