New Jersey has a strict set of procedures that must be followed in order to succeed and recover in a medical malpractice lawsuit. The negligent medical provider (the defendant) will have a chance to respond and defend the lawsuit. It is similar to personal injury lawsuit; however, a medical malpractice suit is much more intricate. It requires very detailed expert testimony to explain the complexity of the case to a jury.
Part of this expert’s job is to provide an affidavit of merit (AOM) within 60 days of filing the complaint. The AOM is a statement by a medical expert stating that there is sufficient medical evidence for a lawsuit to go forward against the medical provider in question. During the course of the lawsuit, evidence will be put forth to prove that the duty of care owed to the patient was breached.