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Roger
Roger, Attorney
Category: Legal
Satisfied Customers: 31395
Experience:  BV Rated by Martindale-Hubbell; SuperLawyer rating by Thompson-Reuters
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Thank you. the issue is a malpractice case against a

Customer Question

thank you . the issue is a malpractice case against a dentist.I had to go to another dentist to correct the deficient work .I incurred expense to repair the work of my first dentist. I was told to file an affidavit of merit to sue for malpractice
JA: Can you tell me what state this is in? And do you have copies of the medical records?
Customer: new jersey
JA: Has anything been filed or reported?
Customer: no but I have xrays and proof of poor care
JA: Anything else you want the lawyer to know before I connect you?
Customer: can I file affidavit of merit or do I need attorney
Submitted: 1 month ago.
Category: Legal
Expert:  Roger replied 1 month ago.

Hi - my name is ***** ***** I'll be glad to assist.

Expert:  Roger replied 1 month ago.

N.J.S.A. 2A:53A-26 to -29, requires a plaintiff in a professional negligence action to file an affidavit from an “appropriate licensed person” attesting that the defendant deviated from the acceptable standards for the pro- fession, or the matter will be dismissed. Therefore, you'd need a dentist (likely your expert witness), to prepare this affidavit.

It is possible for you to sue and do this on your own, but it would likely be very difficult. Thus, you're certainly best served if you hire an attorney to help you through your claim.

Expert:  Roger replied 1 month ago.

Here's a good link you can read: http://www.folkmanlaw.com/blog/2016/02/affidavit-of-merit-statute-and-attorney-malpractice/