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Editor's Note: As the authors explained in Part One of this article, like many other states, New Jersey has instituted tort reform measures aimed at reducing the incidence of frivolous lawsuits and the costs of practicing medicine. These changes in the law have had unintended consequences, however, often making the prosecution of a medical malpractice claims so complicated that only specialist attorneys can handle them.
It used to be that if a proposed medical expert had the qualifications and was credentialed to do the same procedure or perform the interpretation that was being criticized and evaluated, that affiant was qualified to give expert testimony.
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