In
New Jersey, in order to commence a lawsuit against a licensed professional
for claims of negligence resulting in damages/injuries, one must
provide what is called an “Affidavit of Merit”.
The New Jersey Affidavit of Merit Statute, N.J.S.A. 2A.:53A-27,
made law on June 29, 1995, is intended to reduce the filing of “frivolous”
lawsuits against certain "licensed” professionals.
The referenced Statute, and other applicable sections of N.J.S.A.
2A:53A, mandate that a plaintiff (the party who brings the lawsuit)
who sues for damages stemming out of personal injuries, wrongful
death, or property damage as a result of malpractice or negligence
by a "licensed person", provide each defendant (the professional
being sued) with an affidavit from an appropriately licensed person
(expert) within the field applicable to the case (e.g., radiology,
pharmacology, obstetrics, engineering, etc.). This affidavit must
state that there is a reasonable probability that the afforded treatment
and care by the defendants, and/or the skill or knowledge exercised
by the defendants, fell outside of the acceptable customs, standards
and/or practices of the profession. In medical negligence cases,
among other requirements, the expert doctor who issues the affidavit
must be licensed to practice and have actively practiced within
the field and/or sub-specialty of medicine applicable to the case;
and must have no financial interest in the case.
For
more comprehensive and updated information with regard to mandated
requirements applicable to Affidavits of Merit in professional
negligence cases, always consult with legal counsel; and to read
applicable sections of N.J.S.A. 2A:53A (under Title 2A), log on
to the New Jersey State Legislature Database at this link (NJSLD).
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