In 1995, the New Jersey legislature enacted a statute providing that in order to maintain a professional malpractice lawsuit, a plaintiff must produce an “affidavit of merit” upon the defendant. In pertinent part, the affidavit-of-merit statute requires that, in any action seeking damages
resulting from an alleged act of malpractice or negligence by a licensed person in his profession or occupation, the plaintiff shall … provide each defendant with an affidavit of an appropriate licensed person that there exists a reasonable probability that the care, skill or knowledge exercised or exhibited in the treatment, practice or work … fell outside acceptable professional or occupation standard or treatment practices.
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