FINK v. THOMPSON


772 A.2d 386 (2001)

167 N.J. 551

John FINK, as Administrator Ad Prosequendum and Administrator of the Estate of Lisa M. Fink, decedent, Plaintiff-Appellant, v. Robert M. THOMPSON, M.D., Audrey Sutton-Surak, D.O., Robert Liegner, M.D., Chris Anayiotos, M.D., Meridian Health Care Systems, Riverview Medical Center, Riverview Emergency Physicians, Robert Wood Johnson University Hospital, XYZ, Inc., (fictitious corporation), Michael Nolledo, M.D., "John Doe, M.D." 1-10, "Robert Roe" 1-10 and "Jane Roe" 1-10 (fictitious names) as agents, servants, employees, and/or holding privileges of Meridian Health Care Systems, Riverview Medical Center, Riverview Emergency Physicians, and Robert Wood Johnson University Hospital, Defendants, Richard Strobel, M.D., and University of Medicine and Dentistry of New Jersey, Defendants-Respondents.

Supreme Court of New Jersey.

Decided May 31, 2001.


Attorney(s) appearing for the Case

Michael D. Schottland, Freehold, argued the cause for appellant (Schottland, Manning, Rosen & Caliendo, attorneys; Vincent P. Manning, on letter brief).

Matthew S. Schorr, Springfield, argued the cause for respondents (McDonough, Korn & Eichhorn, attorneys).

William L. Gold, Blairstown, argued the cause for amicus curiae, Association of Trial Lawyers—New Jersey (Bendit Weinstock, attorneys).


The opinion of the Court was delivered by LaVECCHIA, J.

This is another appeal concerning the Affidavit of Merit statute, N.J.S.A. 2A:53A-26 to -29. The issue again is whether plaintiff's case must be dismissed for failure to timely file an affidavit of merit setting forth an expert's sworn statement that there is a reasonable probability that the defendant's conduct deviated from acceptable standards of professional...

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