Contact Us

Anti-Spam Question:

December, 2009 | New Jersey Medical Malpractice Blog Archive

Affidavit of Merit Not Required in Lawsuit against an Optometrist

By Attorney Michael B. Zerres on December 30, 2009

In most medical malpractice cases filed in New Jersey, an Affidavit of Merit is required from a healthcare professional specialist in the same field of practice as the defendant that is being sued. For example, in a suit against an obstetrician, one would need an Affidavit of Merit from a practicing obstetrician. In a suit against an internist, cardiologist and infectious disease doctor, one would need a separate Affidavit of Merit from three (3) separate practicing specialists in those fields.

If an Affidavit of Merit is not timely served, a plaintiff’s lawsuit can be dismissed. However, the Affidavit of Merit statute, NJSA 2A:53A-27, only requires an Affidavit of Merit for a lawsuit against those “licensed persons” identified by the statute. And, as the recent case of Mirow v. Lebovic, 2009 U.S. Dist. LEXIS 118507, points out, an optometrist is not a licensed person under the statute, and, no Affidavit of Merit need be served by a plaintiff. This follows the New Jersey Appellate Division holding in Saunders v. Capital Health System at Mercer, 147 (NJ Super. App. Div. 2008) which indicated that an Affidavit of Merit is not required to be served in a lawsuit against a certified nurse midwife, as a midwife is also not a “licensed person” specifically identified under the New Jersey statute.

Chatham: (973) 635-5400     Jersey City: (201) 963-4711     Sea Girt: (732) 758-6333     North Bergen: (201) 861-7757

New Jersey Medical Malpractice Attorney Disclaimer: The New Jersey medical malpractice, accident, injury, serious accident, or other personal injury legal information presented at this site should not be construed to be formal legal advice, nor the formation of a lawyer or attorney client relationship. Any results set forth herein are based upon the facts of that particular case and do not represent a promise or guarantee. Please contact a New Jersey Personal Injury Attorney or Medical Malpractice Lawyer for a consultation on your particular medical malpractice matter. This web site is not intended to solicit clients for matters outside of the state of New Jersey.

© 2018 Super Lawyers®, Super Lawyers is a registered trademark of Thomson Reuters.

Copyright © 2018 Blume Goldfaden Berkowitz Donnelly Fried & Forte, Chatham, NJ - All rights reserved. Attorneys serving all New Jersey Counties and Communities.