Meehan v. Antonellis

Plaintiff sought treatment for sleep apnea from an orthodontist. Plaintiff used the appliance given to him for treatment but complained that it caused the dislocation of some teeth. Contending that the orthodontist did not inform him that the appliance may dislocate teeth, plaintiff filed a complaint alleging that the treating orthodontist provided insufficient information to permit him to make an informed decision to proceed with the recommended treatment. Presented for the Supreme Court's review was the "vexing and recurring" issue of whether an affidavit of merit submitted by a plaintiff in an action alleging negligence by a licensed professional satisfied the requirements of the Affidavit of Merit statute (AOM statute). The trial court conducted a "Ferreira" conference and determined that plaintiff submitted a timely affidavit of merit; however, the court dismissed with prejudice plaintiff's complaint because plaintiff submitted the affidavit from a dentist who specialized in prosthodontics and the treatment of sleep apnea. The court stated that plaintiff knew that the dentist who treated him was an orthodontist and that the statute required submission of an affidavit of merit from a like-qualified dentist. In other words, the court determined that plaintiff was required to submit an affidavit of merit from an orthodontist rather than an affidavit from a board-certified prosthodontist who had specialized in the treatment of sleep apnea for twenty years. The Supreme Court concluded after review that the affidavit of merit submitted by plaintiff satisfied the credential requirements of the AOM statute. The Court therefore reversed the judgment of the Appellate Division and remanded the matter to the trial court for further proceedings. View "Meehan v. Antonellis" on Justia Law