Cowley v. Virtua Health System

Plaintiff initiated a medical malpractice after developing complications from her stay at Virtua Hospital. After nurses properly insterted a feeding tube into the plaintiff, the plaintiff removed the tube and refused attempts to reinsert it. She claimed that the nurses’ failure to reinsert the tube constituted a breach of a duty of care. But plaintiff did not include an affidavit of merit with her complaint or when requested to do so. The Supreme Court affirmed the trial court’s dismissal with prejudice for the error. This case did not fall within the limited “common knowledge” exception, particularly because New Jersey grants certain statutory rights to patients, including the right to refuse care. 

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