Three New Jersey Appellate Division judges have called on the state Supreme Court to reconsider a 17-year-old precedent holding that malpractice cases should be dismissed with prejudice where the plaintiff does not provide an affidavit of merit on time.
Judges Jose Fuentes, Victor Ashrafi and Amy O’Connor urged the high court to revisit that prior holding in their March 12 per curiam opinion in Oh v. Yang, which affirmed the dismissal of a dental malpractice case where the plaintiff supplied his affidavit 12 days past the 120-day statutory maximum.
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