Ferreira v. Rancocas Orthopedic Associates

The Affidavit of Merit statute, N.J.S.A 2A:53A-26 to -29, requires a plaintiff in a malpractice action to serve on a defendant within 120 days of receipt of the answer an expert’s sworn statement attesting that there exists a “reasonable probability” that the professional’s conduct fell below acceptable standards. The Legislature enacted the statute with the laudatory purpose of weeding out frivolous lawsuits early in the process. The statute does not impose overly burdensome obligations. The plaintiff must keep an eye on the calendar and obtain and serve the expert’s report within the…