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KUBIAK v. ROBERT WOOD JOHNSON HOSP.

753 A.2d 166 (2000)

332 N.J. Super. 230

Gary KUBIAK, Jr., and Susan Kubiak, Individually and as Parents and Natural Guardians of the Minor Plaintiff, Dana Kubiak, Plaintiffs-Appellants, v. ROBERT WOOD JOHNSON UNIVERSITY HOSPITAL, Defendant-Respondent/Cross-Appellant, and David Sharlin, M.D., Glenn Palsky, M.D., and Delaware Valley Pediatric Associates, P.A., Defendants-Respondents, and Imra Chaudhri, M.D., Defendant.

Superior Court of New Jersey, Appellate Division.

Decided June 26, 2000.

Attorney(s) appearing for the Case

Michael S. Levin, Bordentown, for plaintiffs-appellants (Flager & Yockey, attorneys; Mr. Levin and J. Davy Yockey, on the briefs).

Lauren H. Walter, for defendant-respondent/cross-appellant Robert Wood Johnson University Hospital (Ronan, Tuzzio & Giannone, attorneys; Ms. Walter, on the briefs).

Joseph R. Lang, Morristown, for defendants-respondents Dr. David Sharlin, Dr. Glenn Palsky and Delaware Valley Pediatric Associates, P.A. (Lenox, Socey, Wilgus, Formidoni & Casey, attorneys; Mr. Lang, on the brief).

Before Judges HAVEY, A.A. RODRÍGUEZ and COLLESTER.

The opinion of the court was delivered by RODRIGUEZ, A.A., J.A.D.

The novel issue presented in this appeal is whether dismissal of a medical malpractice complaint for failure to provide a timely affidavit of merit, as required by N.J.S.A. 2A:53A-27, the Affidavit of Merit Statute (AMS), should be without prejudice because the action is prosecuted on behalf of a minor. We hold that, although the two-year personal injury statute of limitations, N.J.S.A.

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