What is an AFI? How is it used in my case?
In another in the seemingly endless series of decisions parsing the interpretation of the statutory requirements for an affidavit of merit in medical liability claims, on January 22, 2025 the New Jersey Supreme Court issued...more
Background - On December 10, 2024, the Supreme Court of Ohio issued its decision in Stull v. Summa, a medical negligence case in which the defendants argued that Ohio’s statutory peer-review privilege protected from...more
Wiggins v. Hackensack Meridian Health, 478 N.J. Super. 355 (App. Div. 2024) - The plaintiffs alleged that the defendant, Dr. Goyal, prescribed tramadol to the decedent for pain associated with a medical condition. One month...more
To diminish the number of frivolous lawsuits that patients file against doctors and hospitals, 28 states require that a plaintiff submit an affidavit or certificate of merit when they file a medical malpractice case....more
On May 4, 2020, in Linda Cowley v. Virtua Health System, the Supreme Court of New Jersey reversed the judgement of the Appellate Division and held that when a patient removes a nasogastric tube herself and refuses its...more
The Fifth Circuit recently denied en banc reconsideration of Passmore v. Baylor Health Care System, 823 F.3d 292 (5th Cir. 2016). In the Passmore opinion, the court held that Texas’ requirement regarding expert reports in...more