What is an AFI? How is it used in my case?
Sovelove v. Shirazi, A-1540-23, Jun. 17, 2025 - The decedent had undergone an elective kidney biopsy and suffered a large retroperitoneal bleed, resulting in her death. The plaintiff, individually and as the estate executor,...more
In another in the seemingly endless series of decisions parsing the interpretation of the statutory requirements for an affidavit of merit in medical liability claims, on January 22, 2025 the New Jersey Supreme Court issued...more
Background - On December 10, 2024, the Supreme Court of Ohio issued its decision in Stull v. Summa, a medical negligence case in which the defendants argued that Ohio’s statutory peer-review privilege protected from...more
Wiggins v. Hackensack Meridian Health, 478 N.J. Super. 355 (App. Div. 2024) - The plaintiffs alleged that the defendant, Dr. Goyal, prescribed tramadol to the decedent for pain associated with a medical condition. One month...more
An “almost perfect storm of events” warranted additional time to file an Affidavit of Merit. Gonzalez v. Maher Ibrahim, et al., No. A-3719-22, 2024 WL 649332 (N.J. App. Div. Feb. 16, 2024) (approved for publication) - The...more
Gonzalez v. Maher Ibrahim, et al., No. A-3719-22, 2024 WL 649332 (N.J. App. Div. Feb. 16, 2024) (approved for publication) - The plaintiff and her husband, by way of a per quod claim, initiated a medical malpractice action...more
To diminish the number of frivolous lawsuits that patients file against doctors and hospitals, 28 states require that a plaintiff submit an affidavit or certificate of merit when they file a medical malpractice case....more
The COVID-19 pandemic has affected every aspect of our lives, and the legal system is no exception. Court hearings went from being in-person to virtual, and court dockets swelled as cases were postponed. In 2023, the legal...more
The New Jersey Supreme Court has affirmed the Appellate Division’s decision that plaintiffs are not required to serve an Affidavit of Merit against defendant health care facilities for claims of vicarious liability arising...more
In March, we issued an alert regarding the New Jersey Appellate Division’s recent guidance on whether an Affidavit of Merit is required by N.J.S.A. § 2A:53A-27. Specifically, the Court addressed whether an Affidavit of Merit...more
On May 4, 2020, in Linda Cowley v. Virtua Health System, the Supreme Court of New Jersey reversed the judgement of the Appellate Division and held that when a patient removes a nasogastric tube herself and refuses its...more
The Fifth Circuit recently denied en banc reconsideration of Passmore v. Baylor Health Care System, 823 F.3d 292 (5th Cir. 2016). In the Passmore opinion, the court held that Texas’ requirement regarding expert reports in...more