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Stephanie Mitterhoff and Carmen Alvarez L-R Judge Stephanie Mitterhoff and Judge Carmen Alvarez.

A New Jersey appeals court has ruled in a published decision that a medical malpractice claim based on emotional distress damages is not viable without medical evidence or expert testimony.

The plaintiff claimed on appeal that the judge below erred in dismissing the case for failure to submit a timely affidavit of merit. But the appeals court said the affidavit of merit issue was moot because dismissal was warranted for failure to demonstrate entitlement to damages.

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Charles Toutant

Charles Toutant is a litigation writer for the New Jersey Law Journal.

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