The case, Wiggins v. Hackensack Meridian, concerned the death of April Carden, who was treated for a blood clot at JFK University Medical Center in August 2020. Carden was treated by a doctor who specialized in both gastroenterology and internal medicine…law.com, NJ Supreme Court Clarifies Affidavit of Merit Requirement for Doctor With Dual Specialties, Colleen Murphy, Jan 2025
Under the AOM statute, a medical malpractice plaintiff must provide an affidavit from “an appropriately licensed person” as to professional negligence.
Carden was prescribed a drug, allopurinol, by Dr. Alok Goyal and then died from cardiopulmonary arrest in September 2020, according to the opinion. The plaintiffs alleged that the drug caused her death. Goyal was certified in both gastroenterology and internal medicine.
The plaintiffs served an AOM from a Texas-based doctor who is board-certified in internal medicine. The defense objected to the AOM on the basis that it did not cover Goyal’s second specialty, gastroenterology.
The Union County Superior Court agreed with the plaintiffs that an AOM from a physician specializing in just one of a defendant doctor’s two specialties is sufficient. In making that argument, the plaintiffs relied on Buck v. Henry, a 2011 New Jersey Supreme Court decision. However, the Appellate Division disagreed and held that the facts in Buck do not apply and that an AOM was required for each specialty.
The court reversed the Appellate Division decision and reinstated the trial court orders denying the defendant’s motions to dismiss and for reconsideration.