Credit: gpointstudio/Shutterstock.comNJ Supreme Court Clarifies Affidavit of Merit Requirement for Doctor With Dual Specialties
"The plain language of N.J.S.A. 2A:53A-41 does not require an AOM to be from an individual with the same numerous specialties as the defending physician; instead, it requires only the same 'specialty or subspecialty' in the singular," Associate Justice Douglas M. Fasciale said.
January 23, 2025 at 01:14 PM
4 minute read
In a medical malpractice case involving a physician with two specialties, the New Jersey Supreme Court held that the defense can provide an affidavit of merit from a specialist in just one of those areas.
The case, Wiggins v. Hackensack Meridian, concerned the death of April Carden, who was treated for a blood clot at JFK University Medical Center in August 2020. Carden was treated by a doctor who specialized in both gastroenterology and internal medicine. In his written opinion for the court, Associate Justice Douglas M. Fasciale said that the AOM served by the plaintiffs, which was from a board-certified internist, should have defeated a motion to dismiss by the defense.
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