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KNORR v. SMEAL

836 A.2d 794 (2003)

178 N.J. 169

Eleanor KNORR and Harold Knorr, her husband, Plaintiffs-Appellants, v. Brian C. SMEAL, M.D. and South Jersey Hospital Systems, Elmer Division, Defendants-Respondents, and Curtis L. Lockwood, John Does 1 through 7 and John Doe, Inc. 1 through 7 jointly severally and/or in the alternative, Defendants.

Supreme Court of New Jersey.

Decided November 24, 2003.

Attorney(s) appearing for the Case

Paul R. Melletz, Cherry Hill, argued the cause for appellants.

Michael E. McGann, argued the cause for respondent Brian C. Smeal, M.D., (Amdur, Maggs & McGann, attorneys).

Mary Grace Callahan, submitted a letter in lieu of brief on behalf of respondent South Jersey Hospital Systems, Elmer Division (Grossman, Kruttschnitt, Heavey & Jacob, attorneys, Brick).

Justice ALBIN delivered the opinion of the Court.

On repeated occasions, we have addressed the obligation of plaintiffs who file malpractice actions to conform to the procedural requirements of the Affidavit of Merit statute, N.J.S.A. 2A:53A-26 to -29. In such cases, within 120 days of receipt of the answer, a plaintiff must serve on defendant an affidavit from an appropriate professional attesting that the claim is...

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