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Thursday, June 18, 2015

MELODY FAITH MAZUR, ETC. VS. CRANE'S MILL NURSING HOME, ET AL. A-2072-14T2/A-2495-14T2

MELODY FAITH MAZUR, ETC. VS. CRANE'S MILL NURSING HOME, ET AL. 
A-2072-14T2/A-2495-14T2 
In this medical malpractice action, we reverse the trial court's order dismissing the complaint due to a deficient affidavit of merit. The trial court based its decision on the misstatement in an answer that a defendant was board certified when he treated the patient; a misstatement repeated by defense counsel in the certification and throughout the brief filed in support of the motion to dismiss. 
We conclude that the appropriate remedy on remand is to require defendant to amend the answer to correct the misstatement and to permit plaintiff to file an affidavit of merit within sixty days, extendable by sixty days for good cause. We also review the procedural requirements concerning affidavits of merit as well as those of Rule 1:6, particularly the requirement of Rule 1:6-6 that affidavits intended to establish facts not appearing of record be based on personal knowledge.