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2A:53A-26 to -29, requires that a plaintiff in a professional malpractice or professional negligence case submit at an early stage an affidavit of merit (?AOM?) from an ?appropriate licensed person? that shows a ?reasonable probability? that the defendant professional's conduct ?fell outside acceptable professional or ...
Enacted in 1995, New Jersey Statute § 2A:53A-27, commonly known as the Affidavit of Merit Statute, was designed to reduce the number of frivolous professional liability and medical malpractice lawsuits in the state.
This affidavit must state that there is a reasonable probability that the afforded treatment and care by the defendants, and/or the skill or knowledge exercised by the defendants, fell outside of the acceptable customs, standards and/or practices of the profession.
Court holds that, regardless of pleadings, the statute requires that an Affidavit of Merit be served within 60 days (extendable for good cause to a maximum of 120 days) of a licensed professional's answer.