Sunday, June 26, 2016
RACHELE LOUISE CASTELLO VS. ALEXANDER M. WOHLER, M.D. A-0337-14T3
RACHELE LOUISE CASTELLO VS. ALEXANDER M. WOHLER, M.D.
We held, in medical negligence cases, where a plaintiff's counsel timely serves an affidavit of merit (AOM) and reasonably relies on the AOM and expert's curriculum vitae, which erroneously reflects that the witness is actively practicing medicine, and, through no fault of the plaintiff's counsel, the error is first discovered after the expiration of the 120-day deadline imposed under the AOM statute, N.J.S.A. 2A:53A-26 to
-29, exceptional circumstances exist requiring the judge to allow a plaintiff sufficient time to retain a different expert witness who is qualified under the New Jersey Medical Care Access and Responsibility and Patients First Act, N.J.S.A. 2A:53A-37 to -42, issue a new AOM, and serve a corresponding expert report. If warranted, the judge may include other
procedures or requests for relief related to the extension of discovery and service of a new AOM and expert report.