Affidavit of Merit Law’s Application Limited by New Jersey Court

A New Jersey hospital is facing a vicarious liability claim over a radiology technician’s alleged negligence because state law doesn’t require filing an expert affidavit attesting to a suit’s merit under these circumstances, a state appeals court said.

The statutory affidavit of merit requirement applies to a case alleging medical negligence vicarious liability claims against a licensed health-care facility only when the allegedly negligent employee is a “licensed person” under the law, the New Jersey Superior Court, Appellate Division, said.

Troy Haviland sued Lourdes Medical Center of Burlington County Inc., alleging he injured his shoulder when an unidentified radiology ...