JERALD D. ALBRECHT VS. CORRECTIONAL MEDICAL SERVICES, ET AL.
A-0605-10T4
We hold that the Affidavit of Merit Statute, N.J.S.A. 2A:53A-26 to -29 only applies to health care facilities that have been duly "licensed as" such by the Department of Health and Senior Services. N.J.S.A. 2A:53A-26(j). Additionally, where a question is raised about the status of a defendant in a malpractice action as a licensed person or health care facility and demands production of a license, the person or entity seeking a dismissal for failure to provide an affidavit of merit pursuant to N.J.S.A. 2A:53A-29 must submit competent evidential proof of its licensure. Finally, we reject the claim of Correctional Medical Services that Shamrock Lacrosse, Inc. v. Klehr, Harrison, Harvey, Branzburg & Ellers, 416 N.J. Super. 1, 26-27 (App. Div. 2010), and Nagim v. N.J. Dep't of Transit, 369 N.J. Super. 103, 109 (Law Div. 2003), should be extended to it because it has not established that it is a professional corporation whose shareholders are all licensed professionals. 09-30-11
