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BUCK v. HENRY

A-10 September Term 2010.

25 A.3d 240 (2011)

207 N.J. 377

Robert BUCK, Plaintiff-Appellant, v. James R. HENRY, M.D., Defendant-Respondent, and Sanofi-Aventis and Sanofi-Synthelabo, Inc., Defendants.

Supreme Court of New Jersey.

Decided August 22, 2011.

Attorney(s) appearing for the Case

Dennis A. Drazin argued the cause for appellant (Drazin and Warshaw, attorneys; John R. Connelly, Jr., Red Bank, on the brief).

John J. Bannan, Absecon, argued the cause for respondent (Reynolds & Drake, attorneys).

Justice ALBIN delivered the opinion of the Court.

In the early stages of a medical malpractice action, a plaintiff must provide an affidavit from an equivalently credentialed physician attesting "that there exists a reasonable probability that the" defendant physician's treatment "fell outside acceptable professional" standards. See N.J.S.A. 2A:53A-27. Under the Affidavit of Merit statute, N.J.S.A. 2A:53A-26 to -29, the failure to file an appropriate...

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