Agostino Ferreira and Margarida Ferreira, H/w, Plaintiffs-Appellants v. Rancocas Orthopedic Associates and Bruce W…

Summary

The Supreme Court of New Jersey reinstated the malpractice complaint because the plaintiff had an affidavit of merit within the 120‑day period and the defendants filed their dismissal motion only after receiving it; the Court also mandated early case‑management conferences in malpractice actions and held that defendants are estopped from dismissing based on a late affidavit when the plaintiff otherwise complied. Justice LONG, concurring in part and dissenting in part, argued that the Cornblatt rule should be narrowed, while Justice ZAZZALI, concurring in part and dissenting in part, raised constitutional concerns about the statute.