The New Jersey Supreme Court is considering whether the affidavit of merit statute requires a plaintiff in a dental malpractice suit to obtain an opinion from an expert in the same subspecialty as the defendant.

The court heard arguments March 15 in Meehan v. Antonellis, in which the plaintiff is appealing the dismissal of his suit for having a dentist give expert testimony against an orthodontist, even though they shared an expertise in treating sleep apnea.

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