Defendant's Attorney: Matthew R. Parker

Description: Hackensack, New Jersey, personal injury lawyer represented the Plaintiff on a medical malpractice claim.

Dr. Martinez alleging he negligently treated and cared for Savannah[1] - nearly one year after plaintiffs' pediatric anesthesiology claims against Dr. Martinez were dismissed with prejudice for failure to comply with the affidavit of merit (AOM) statute, N.J.S.A. 2A:53A-26 to -29. More particularly, the June 7, 2024 order denied Dr. Martinez's motion to reconsider an April 26, 2024 order,[2]vacating a June 9, 2023 order, which dismissed Savannah's claims for failure to provide a sufficient AOM and a November 3, 2023 order, which dismissed Eman's claims on summary judgment for failing to provide an expert report.

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Legal issue Can plaintiffs in a medical malpractice case reinstate claims against a doctor after they were dismissed with prejudice for failure to comply with the affidavit of merit statute?
Headnote

CIVIL PROCEDURE. AMENDMENT OF COMPLAINT. The case involves a medical malpractice action where the defendant doctor appealed an order allowing plaintiffs to file an amended complaint to assert claims nearly one year after their initial claims were dismissed for failing to comply with the affidavit of merit statute.

MEDICAL NEGLIGENCE. AFFIDAVIT OF MERIT STATUTE. The court had to determine whether extraordinary circumstances justified vacating a dismissal and allowing plaintiffs’ claims to proceed without the timely filing of a required affidavit of merit against a physician alleged to have provided negligent care.

MEDICAL NEGLIGENCE. STATUTE OF LIMITATIONS FOR MINORS. The judgment discusses the applicability and potential tolling of the statute of limitations for minors in medical malpractice actions, particularly in relation to claims for injuries sustained at birth.

Key Phrases Medical malpractice action. Guardians ad litem. Affidavit of merit statute. Extraordinary circumstances exception. Pediatric anesthesiology claims.

Outcome: Affirmed

Plaintiff's Experts:

Defendant's Experts:

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