Mayfield v. Community Med. Assocs

In Mayfield v. Community Med. Assocs., 335 N.J. Super. 198, 762 A.2d 237 (App.Div.2000), a plaintiff in a medical malpractice action filed an "affidavit of merit" within the sixty day period following the filing of defendant's answer prescribed by N.J.S.A. 2A:53A-27, but due to the inadvertence of counsel, failed to make service upon defense counsel until almost a year later. The Court concluded that the timely filing of the affidavit of merit, in conjunction with service of an unsworn expert report upon defendant within the statutory period, constituted substantial compliance. Id. at 210, 762 A.2d 237.