While there is no prejudice to defendants by plaintiff's failure to file a timely affidavit of merit, since she took no steps to advise defendants that an expert had found merit to the claim, and she never obtained an expert report until 12 days after the time period expired and the dismissal motion was filed, she cannot satisfy the substantial compliance test of New Jersey's Affidavit of Merit statute, and her medical malpractice claims are dismissed with prejudice.
October 25, 2004 at 12:00 AM
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