If you have been injured and want to recover damages through a lawsuit against a licensed professional in New Jersey, you must submit a "Affidavit of Merit" in order to file a case for negligence.

The law was put into effect in June 1995 to minimize the number of "frivolous" lawsuits filed against certain "licensed" professionals. It is called the New Jersey Affidavit of Merit Statute (N.J.S.A. 2A.:53A-27).

Many times, in regard to personal injury claims, the Affidavit Of Merit applies to medical malpractice lawsuits.

The aforementioned statute – along with other relevant sections of N.J.S.A. 2A:53A – require that any party filing a lawsuit must provide each defendant, or professional being sued, with an affidavit from an appropriately licensed person (expert) within the applicable field (e.g., radiology, pharmacology, etc.) when seeking damages for personal injuries, wrongful death, or property damage as a result of malpractice or negligence by a "licensed person."

This affidavit must note that there is a reasonable chance that the defendants' provided treatment and care, and their skills or knowledge, deviated from accepted standards and/or practices of their profession. The expert physician who writes the affidavit in a medical negligence case in New Jersey must, among other things, be licensed to practice medicine, have actively worked in the relevant field or sub-specialty, and have no financial interest in the outcome of the case.

Furthermore, the affidavit is required to be signed by that licensed professional in the same field as the defendant, and filed within 60 days (or 120 days if there is good reason) from the time the defendant files an answer to the complaint. If the affidavit is not served within this 60-day timeframe, the lawsuit may be dismissed.

Need Legal Help In A Medical Malpractice Claim? Our NJ Medical Malpractice Lawyers Can Help

Before filing a lawsuit, the lawyers you retain must find an expert in the field where the alleged professional malpractice occurred and serve the affidavit. This is why it is very important for a plaintiff pursuing a claim against a licensed professional to consult with an experienced lawyer as soon as possible.

The NJ medical malpractice lawyers at Brandon J. Broderick, Attorney at Law can help you prepare your lawsuit and ensure all the necessary documents are collected and filed.

Call our office today to schedule a free consultation with one of our lawyers.

Posted by: Brandon J. Bro…
Date: Fri, 05/10/2024 - 15:16

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