Fink v. Thompson

The opinion of the Court was delivered by

LaVECCHIA, J.

This is another appeal concerning the Affidavit of Merit statute, N.J.S.A 2A:53A-26 to -29. The issue again is whether plaintiffs case must be dismissed for failure to timely file an affidavit of merit setting forth an expert’s sworn statement that there is a reasonable probability that the defendant’s conduct deviated from acceptable standards of professional due care. N.J.S.A 2A:53A-27.

I

Decedent Lisa Fink became seriously ill in late August 1996. Her symptoms included headaches associated with virus and accompanying fever. She…