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Gina Sanders – Fotolia

The Affidavit of Merit Statute, N.J.S.A. 2A:53A-26 to -29, became effective in 1995. Since then, the courts and parties to malpractice cases have been subjected to a never-ending flood of motions and appeals involving the AMS. The Appellate Division recently observed “This issue comes before this court with disturbing regularity and has been impervious to every attempt tried by our Supreme Court to avoid its recurrence.” Estate of Yearby v. Middlesex County, N.J. Super. (App. Div. 2018). Indeed, the New Jersey Supreme Court has considered the AMS 18 times, starting with In re Hall, 147 N.J. 379 (1997), through most recently, in A.T. v. Cohen, N.J. (2018), where Justice LaVecchia, writing for a unanimous court, mandated the implementation of new rules which may finally resolve the distractions presented by the AMS.

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