In 1995 New Jersey enacted the Affidavit of Merit ("AOM") statute as past of tort reform. That meant plaintiffs who file a professional negligence or malpractice suit against certain professionals must submit a signed AOM within 60 days of the filing of an answer, otherwise the suit can be dismissed.
In a recent case, Gilligan v. Junod, the plaintiff sued, but not limited to, Ms. Junod who is a licensed practical nurse. The action sounded in health care negligence and malpractice. The plaintiff did not submit an AOM. Ms. Junod argued that as a licensed professional the plaintiff was required to submit an AOM, and because plaintiff did not timely submit one, the suit must be dismissed as to her.
The Appellate Division held that the AOM statute was clear that - as to the nursing profession - only a registered nurse was a covered professional. Therefore no AOM was needed to sustain a suit against a licensed practical nurse.
Guy Gilligan, et al. v. Susan Junod, L.P.N., et al., A-1907-21 (11/9/22)
Peter J. Vazquez, Jr.