Ryan v. Renny

Defendant, who is board-certified in gastroenterology and internal medicine, performed a routine colonoscopy on plaintiff as a result of which she suffered a perforated colon. Plaintiff sued defendant for medical malpractice. In these circumstances, the Affidavit of Merit statute1 requires that the plaintiffs affiant be board-certified in the same specialty or subspecialty as the defendant. Despite contacting several potential experts, plaintiffs counsel was unable to locate a board-certified gastroenterologist willing to provide an affidavit of merit but proffered, within sixty days of the…