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RYAN v. RENNY

A-50 September Term 2009.

999 A.2d 427 (2010)

203 N.J. 37

Abby RYAN and Kirk Ryan, Plaintiffs-Appellants, v. Andrew RENNY, M.D., Defendant-Respondent.

Supreme Court of New Jersey.

Decided July 22, 2010.

Attorney(s) appearing for the Case

Donald G. Targan argued the cause for appellants (Targan & Pender, attorneys; Mr. Targan and Michael J. Pender, Atlantic City, on the brief).

James M. Ronan, Jr., Tinton Falls, argued the cause for respondent (Ronan, Tuzzio & Giannone, attorneys; Mr. Ronan and Lauren H. Zalepka, of counsel and on the briefs).

Abbott S. Brown, West Orange, submitted a brief on behalf of amicus curiae The New Jersey Association For Justice (Bendit Weinstock, attorneys).

John Zen Jackson, Warren, submitted a brief on behalf of amicus curiae Medical Society of New Jersey (Kalison, McBride, Jackson & Robertson, attorneys).

Justice LONG delivered the opinion of the Court.

Defendant, who is board-certified in gastroenterology and internal medicine, performed a routine colonoscopy on plaintiff as a result of which she suffered a perforated colon. Plaintiff sued defendant for medical malpractice. In these circumstances, the Affidavit of Merit statute1 requires that the plaintiff's affiant be board-certified in the same specialty or subspecialty as the defendant...

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