If in a legal or medical malpractice case the plaintiff's attorney files a timely AOM, but a defective one, can this cause your case to be dismissed automatically? Or will the defendant's attorney have to raise the issue? Furthermore is there a time frame in which the defense attorney could raise said issue about a defective AOM?
The Doctrine of substantial compliance can be invoked to avoid dismissal of a medical malpractice action with prejudice, but requires the moving party to show: (1) the lack of prejudice to the defending party;(2) a series of steps taken to comply with the statute involved;(3) a general compliance with the purpose of the statute;(4) a reasonable notice of petitioner’s claim; and(5) a reasonable explanation why there was not strict compliance with the statute.
AOM issues are a minefield even for experienced nj medical malpractice attorneys. Our Supreme Court has recently tried to clarify this mess. If your attorney can't answer your question find one who can. Good luck.
Please note that these answers are provided as a community service and are not meant to create an attorney-client relationship.
Malpractice attorneys who defend doctors are among the best and most experienced and highest paid attorneys there are. They will not miss it if your AOM is defective and will have it thrown out at the first opportunity. And if you are not using an attorney for a malpractice lawsuit, you might as well throw it out yourself.
This should not be considered legal advice and is intended for educational purposes only. It does not constitute a contract for legal services between any parties. Answers are given to questions for which there may be additional facts not mentioned which might change the legal issues or consequences.
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