A New Jersey Supreme Court decision in the case of Earneka Wiggins v. Hackensack Meridian Health, in which the defense argued that an Affidavit of Merit (AOM) is required from every specialty a doctor practices, supported NJAJ’s amicus curiae opinion that an AOM from one specialty is sufficient. In addition, the specialty does not need to match all specialties “kind-for-kind.”

NJAJ Amicus Advocate Christina Vassiliou Harvey, Esq. wrote, “NJAJ urges this Court to find that the AOM was sufficient as it is supported by the statute’s plain language and this Court’s prior analysis in Buck v. Henry, 207 N.J. 377 (2011).” 

In the ruling on the case, Associate Justice Douglas M. Fasciale stated, “The plain language of N.J.S.A. 2A:53A-41 does not require an AOM to be from an individual with the same numerous specialties as the defending physician; instead, it requires only the same ‘specialty or subspecialty’ in the singular.”

The Supreme Court reversed the Appellate Division decision and reinstated the trial court orders denying the defendant’s motions to dismiss and for reconsideration.

To read more of the NJAJ amicus brief, click here.

To read more about the Wiggins case, click here.

If you would like to get involved and become an amicus advocate, please send an email to info@nj-justice.org.

If you have a case you would like NJAJ to consider entering as amicus curiae, please submit your request here.