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FERREIRA v. RANCOCAS ORTHOPEDIC ASSOC.

836 A.2d 779 (2003)

178 N.J. 144

Agostino FERREIRA and Margarida Ferreira, h/w, Plaintiffs-Appellants, v. RANCOCAS ORTHOPEDIC ASSOCIATES and Bruce W. Wulfsberg, M.D., Defendants-Respondents.

Supreme Court of New Jersey.

Reargued September 22, 2003.

Decided November 24, 2003.

Attorney(s) appearing for the Case

Mark R. Cuker, Philadelphia, PA, argued the cause for appellants (Williams Cuker & Berezofsky, attorneys).

Jeremy P. Cooley, Lawrenceville, argued the cause for respondents (Lenox, Socey, Wilgus, Formidoni, Brown, Giordano & Casey, attorneys).

Abbott S. Brown, argued the cause for amicus curiae, Association of Trial Lawyers of America-New Jersey (Bendit Weinstock, attorneys, West Orange).

Justice ALBIN delivered the opinion of the Court.

The Affidavit of Merit statute, N.J.S.A. 2A:53A-26 to -29, requires a plaintiff in a malpractice action to serve on a defendant within 120 days of receipt of the answer an expert's sworn statement attesting that there exists a "reasonable probability" that the professional's conduct fell below acceptable standards. The Legislature enacted the statute with the laudatory purpose of weeding out frivolous lawsuits...

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