Since the common-knowledge exception to the affidavit of merit requirement was not previously considered, the dismissal with prejudice of plaintiff's medical malpractice claims for failure to file an affidavit is vacated and her motion for reargument is granted; she can show that there was a deviation from the standard of care without expert testimony, because it is well within the ordinary juror's knowledge to determine if an alleged failure to follow the orders for lab tests constituted negligence.
January 21, 2005 at 12:00 AM
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