X

Thank you for sharing!

Your article was successfully shared with the contacts you provided.
Argued December 19, 2000

These consolidated appeals constitute one medical malpractice action that presents yet another unresolved question concerning application of the Affidavit of Merit statute, N.J.S.A. 2A:53A-26 to -29: if the negligent act is committed before the effective date of the statute, but by virtue of the discovery rule the cause of action does not accrue until after the effective date of the statute, is a plaintiff obligated to file and serve an affidavit of merit? We, like the trial judge who denied defendants’ motions to dismiss for failure to submit an affidavit of merit, conclude that plaintiffs are not so obligated on these facts. We believe Cornblatt v. Barow, 153 N.J. 218 (1998) directs such a result although the defendants also rely on Cornblatt in arguing for the opposite conclusion.

For present purposes, the parties agree that the alleged negligence concerning the diagnosis of Adriana Fernandez’s breast cancer happened prior to June 29, 1995, the effective date of the Affidavit of Merit statute. L. 1995, c. 139, � 5. The negligence was not discovered by plaintiffs until after that date, sometime in 1996. Suit was initiated in February 1998, within two years of discovering the basis for an actionable claim. The precise dates of these events are not essential to a decision of the question before us.

 
Reprints & Licensing
Mentioned in a Law.com story?

License our industry-leading legal content to extend your thought leadership and build your brand.

More From ALM

Premium Subscription

With this subscription you will receive unlimited access to high quality, online, on-demand premium content from well-respected faculty in the legal industry. This is perfect for attorneys licensed in multiple jurisdictions or for attorneys that have fulfilled their CLE requirement but need to access resourceful information for their practice areas.
View Now

Team Accounts

Our Team Account subscription service is for legal teams of four or more attorneys. Each attorney is granted unlimited access to high quality, on-demand premium content from well-respected faculty in the legal industry along with administrative access to easily manage CLE for the entire team.
View Now

Bundle Subscriptions

Gain access to some of the most knowledgeable and experienced attorneys with our 2 bundle options! Our Compliance bundles are curated by CLE Counselors and include current legal topics and challenges within the industry. Our second option allows you to build your bundle and strategically select the content that pertains to your needs. Both options are priced the same.
View Now

Pennsylvania Legal Awards 2021

June 24, 2021
Virtual

The Legal Intelligencer honors lawyers leaving a mark on the legal community in Pennsylvania with their dedication to law.


Register

Legalweek Leaders in Tech Awards 2021

July 16, 2021
Virtual

Recognizing innovation in the legal technology sector for working on precedent-setting, game-changing projects and initiatives.


Register

GlobeSt. Women of Influence Awards 2021

July 22, 2021
Park City, UT

GlobeSt. Women of Influence Conference celebrates the women who drive the commercial real estate industry forward.


Register

Corporate Associate

New York, New York, United States

Duane Morris LLP has an opening for a mid-level corporate associate in its New York office. Join an exciting and growing M&A practice in...


Apply Now ›

Paralegal

New York, New York, United States

Lax & Neville LLP, a boutique law firm specializing in securities arbitration/litigation, financial services regulatory defense, financi...


Apply Now ›

Associate Attorney

New York, New York, United States

Lax & Neville LLP, a boutique law firm specializing in broker-dealer and securities arbitration/litigation, commercial litigation and em...


Apply Now ›

MARTIN CLEARWATER & BELL, LLP

06/15/2021
NYLJ Web

MARTIN, CLEARWATER & BELL LLP COUNSELORS AT LAW IN MEMORY OF FRANCIS PETER BENSEL


View Announcement ›

GILL & CHAMAS

06/14/2021
NJLJ Web

GILL & CHAMAS Congratulations to our partner and friend,DAVID H. LANDE, ESQ on his appointment to Judge in the Division of Workers Compensation.


View Announcement ›

MANDELBAUM SALSBURG PC

06/07/2021
NJLJ Web

Please to announce that....


View Announcement ›