Choosing the right kind of doctor to provide an affidavit of merit in a New Jersey malpractice action can be tricky. For example, when a man who shoots himself sues the physician who gave him Ambien, who do you call?

In a case decided Thursday, an appeals court found plaintiff Robert Buck came up short under the Affidavit of Merit Statute, even though he submitted affidavits from two types of doctors, including one board-certified in the same area as the doctor he sued.

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