Sitsofe Awuku v. Shelley Jones-Dillon, M.D. Docket No.A-1366-13T1, decided July 31, 2014
Plaintiff brought this medical malpractice action after suffering complications from treatment of an acute stroke after presenting the ER at Newark Beth Israel Medical Center. Plaintiff’s claim against one of the named defendants, who was board certified in internal medicine, was dismissed because plaintiff failed to serve an Affidavit of Merit from a similarly certified expert.
On appeal, plaintiff’s claim was reinstated after the Appellate Division found that plaintiff’s Affidavit of Merit, from an ER physician, was appropriate because the defendant in question (Dr. Jones-Dillon) was not acting as an internist at the time care was rendered, but rather as an emergency medicine specialist. Read the rest »