343 N.J. Super. 552 - Scaffidi v. Horvitz’s Empirical Analysis
2001
Citation profile
2 federal appellate · 8 state decisions
Relationships
Relies on Hubbard Ex Rel. Hubbard v. Reed · Burns v. Belafsky · Galik v. Clara Maass Medical Center a Hospital Corp. · Galik v. CLARA MAASS MED. CENTER · 318 N.J. Super. 461 - Barreiro v. Morais
Most-quoted passages
The sentences later courts lift from this opinion, ranked by how many decisions quote each — the parts of the opinion doing the work. These counts are smaller than the citation total above because most of the 10 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.
“An affidavit shall not be required pursuant to section 2 of this act [N.J.S.A. 2A:53A-27] if the plaintiff provides a sworn statement in lieu of the affidavit setting forth that: the defendant has failed to provide plaintiff with medical records or other records or information having a substantial bearing on preparation of the affidavit; a written request therefor along with, if necessary, a signed authorization by the plaintiff for release of the medical records ... has been made by certified mail or personal service; and at least 45 days have elapsed since the defendant received the request.”
2 later decisions quote this exact passage · from the majority“a plaintiff is not relieved of the obligation to provide an affidavit of merit simply because a defendant has failed to respond to a document request within forty-five days; N.J.S.A. 2A:53A-28 applies only to "medical records or other records or information having a substantial bearing on preparation of the affidavit[.]" A plaintiff may request a great variety of documents to assist in the preparation of a case that are not essential for the preparation of an affidavit of merit.”
1 later decision quote this exact passage · from the majority“N.J.S.A. 2A:53A-28 must be construed to require a plaintiff to identify with specificity any medical records or other information he believes are needed to prepare an affidavit of merit, in order to trigger the running of the forty-five-day period for a response.”
1 later decision quote this exact passage · from the majority
How this case has been treated — in progress
Whether each later court followed, distinguished, criticized, or overruled this decision. The treatment classification (task #35) runs highest-cited cases first and lights up here as it reaches this one.