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Medical MalpracticeColumnsLitigationLJN NewslettersMedical Malpractice Law & Strategy

Verdicts

By ljnstaff
November 02, 2017

A Good-Faith Effort Is All That's Required

In an unpublished opinion, a two-judge panel of New Jersey's Appellate Division recently reinstated a medical malpractice case that had been dismissed for want of an expert. Judges Richard Hoffman and Susan Reisner pointed to 2010's state Supreme Court ruling in Ryan v. Renny, 203 N.J. 37 (2010), which interpreted 2004's New Jersey Medical Care Access and Responsibility and Patients First Act (PFA) to require only that plaintiffs make a good-faith effort to find a qualified expert to back their claims; even if ultimately unsuccessful, the PFA provided a “safety valve” to those who tried to find a medical expert practicing in the same specialty as the defendant, so that their medical malpractice suits need not necessarily be dismissed.

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