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Haviland v. Lourdes Med. Ctr. of Burlington Co., Inc.

New Jersey Appellate Division

January 27, 2021

In Haviland v. Lourdes Med. Ctr. of Burlington Co., the plaintiff filed a one-count complaint, alleging he was injured during a shoulder exam at Lourdes.  The plaintiff claimed Lourdes was vicariously liable for a technician’s negligent acts as Lourdes’s “agent, servant and/or employee”. The trial court granted Lourdes’s motion to dismiss based on the plaintiff’s failure to file an affidavit of merit (AOM) per the Affidavit of Merit Statute (AMS), N.J.S.A. 2A: 53A-26 to -29. In an issue of first impression, the Appellate Division reversed and held that an AOM is not required for a health care facility when the plaintiff’s claims in a medical negligence action are limited to vicarious liability for the alleged negligence of its employee, who does not meet the definition of a licensed person under Section 26 of the AMS.

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