Contact Us

Anti-Spam Question:

De Laroche v. Advanced Laparoscopic Association et. als. (A-5403-1474) Decided 2/28/2017

By Attorney Michael B. Zerres on September 6, 2017

Plaintiff appealed two orders of the Trial Court. One which granted the defendant surgeon’s motion to dismiss plaintiff’s Complaint for failure to comply with the Affidavit of Merit Statue. The second Order denied plaintiff’s cross motion for a waiver of the specialty requirement on N.J.S.A 2A:53A-41(a).

The Appellate Court affirmed the Trial Court’s denial of plaintiff’s motion for a waiver of the specialty requirement, based upon the fact that plaintiff’s expert lacked active involvement in the area of medicine at issue in the case, as required by N.J.S.A. 2A:53A-41(C). The plaintiff’s proposed expert had not published in defendant’s area of practice (general surgery), and had never been a board-certified surgeon. More importantly, the record did not show that the expert was treating surgical patients at or near the time of plaintiff’s surgery, let alone patients with plaintiff’s specific medical issues.

Therefore, the court held that the Trial Court properly considered the expert’s lack of recent experience when it analyzed whether he had knowledge, experience and training necessary to execute an Affidavit of Merit. Hence, the Appellate Division affirmed the Order denying plaintiff’s application for a specialty waiver.

However, the Appellate Court remanded to the Trial Court the dismissal of plaintiff’s medical malpractice Complaint for failure to comply with the Affidavit of Merit Statue. The Court reasoned, as a Ferreira Conference had not taken place at the trial level, and as plaintiff had demonstrated a “good faith” effort to obtain an Affidavit of Merit, it would be inequitable not to afford plaintiff an opportunity to obtain a substitute Affidavit of Merit from another qualified expert.

Related Articles:

Posted in: Medical Malpractice

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.