Hi, i am filling out the CIS form for NJ and it asks me the following quetion:
Is this a a professional malpractice form? IN this case i would annswear yes - correct?
I am suing for breach fo contract, breach of fiducirty duties, fraudulent misrep, voaltion of CFA and failure to provide services wiht reasonable care?
Then it says: if yes, then see NJSA 2A:53 A-27 to file afffidevit of Merit.
Here is what it says: So this sounds like it is applicable to me since i am claiming damages of property for lack of care and breach of duties, correct? So i ahve to ask some RE agent in NJ to give me this affidevit, it sounds like? Or is there any othere way to do this?
2A:53A-27 Affidavit of lack of care in action for professional, medical malpractice or negligence; requirements.
2.In any action for damages for personal injuries, wrongful death or property damage resulting from an alleged act of malpractice or negligence by a licensed person in his profession or occupation, the plaintiff shall, within 60 days following the date of filing of the answer to the complaint by the defendant, provide each defendant with an affidavit of an appropriate licensed person that there exists a reasonable probability that the care, skill or knowledge exercised or exhibited in the treatment, practice or work that is the subject of the complaint, fell outside acceptable professional or occupational standards or treatment practices. The court may grant no more than one additional period, not to exceed 60 days, to file the affidavit pursuant to this section, upon a finding of good cause.
In the case of an action for medical malpractice, the person executing the affidavit shall meet the requirements of a person who provides expert testimony or executes an affidavit as set forth in section 7 of P.L.2004, c.17 (C.2A:53A-41). In all other cases, the person executing the affidavit shall be licensed in this or any other state; have particular expertise in the general area or specialty involved in the action, as evidenced by board certification or by devotion of the person's practice substantially to the general area or specialty involved in the action for a period of at least five years. The person shall have no financial interest in the outcome of the case under review, but this prohibition shall not exclude the person from being an expert witness in the case.