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The Certificate of Merit comes from a qualified physician and states that they have reviewed the plaintiff's medical records and that, in their opinion, the defendant(s) were negligent in treating the plaintiff.
The affidavit of merit statute in New Jersey provides that in an action for professional malpractice, the plaintiff must provide an affidavit of an appropriate licensed person stating that there is a reasonable probability that the defendant breached professional conduct standards. N.J.S.A. 2A:53A-27.
A sample affidavit in the prescribed form for proof of service of the summons, complaint, and other case-initiating documents in lawsuits filed in the New Jersey Superior Court, Law Division or Chancery Division, General Equity Part.
Is it time for New York to follow suit? In general, an Affidavit of Merit is an Affidavit executed by a licensed design professional affirming under oath that the design professional's services were negligent and/or breached the applicable standard of care.