Kamm v. Pfister

Oct 29, 2013

OUTCOME: Case Dismissed

Counter-claimant appealed a dismissal of his medical malpractice and breach of contract claims. Appellate Division upheld dismissal of all three counts of defendant's counterclaim. The trial judge conc ... luded that pursuant to N.J.S.A. 2A:53A-29, "the failure to provide an affidavit of merit is tantamount to a failure to state a cause of action, subjecting the complaint to dismissal with prejudice[.]" In addition, the trial judge dismissed the breach of contract claim and found that the doctor was appointed by the court and thus there was no agreement entered into by the parties.