A New Jersey appeals court has reinstated a medical malpractice claim even though the plaintiff has not been able to secure an expert opinion from a physician who specializes in the same field as the defendant—despite some 100 attempts to do so.
The two-judge Appellate Division panel, in an unpublished ruling released on Tuesday, reinstated the lawsuit after it had been dismissed on summary judgment, finding that the plaintiff made a “good faith” effort to find an appropriately qualified expert.
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