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Wednesday, August 31, 2016

ANTHONY MCCORMICK VS. STATE OF NEW JERSEY A-3493-14T2


ANTHONY MCCORMICK VS. STATE OF NEW JERSEY
          A-3493-14T2
An injured plaintiff who alleges that he received inadequate medical care while housed in a government facility cannot avoid his obligation to serve an Affidavit of Merit (AOM) under N.J.S.A. 2A:53A-27 by naming only the public entity as a defendant in his complaint and not suing the individual licensed professionals who provided the allegedly inadequate care. We extend the holding of Shamrock Lacrosse, Inc. v. Klehr, Harrison, Harvey, Branzburg & Ellers, LLP, 416 N.J. Super. 1 (App. Div. 2010) (requiring an AOM where a legal malpractice complaint named only law firms as defendants and not their associate, the licensed attorney who acted negligently) to cases involving public entity defendants and involving other forms of malpractice.