A-1926-22
N.J. Super. Ct. App. Div.Mar 22, 2024Background
- Jacqueline Studer underwent a cosmetic surgery (lower facelift and blepharoplasty) performed by Dr. Daniel Pyo, a board-certified plastic surgeon, at Summit Health.
- Post-surgery, Studer developed dry eye syndrome and related complications, allegedly not disclosed as a possible risk prior to the procedure.
- Studer sued Dr. Pyo and Summit Health for lack of informed consent and medical negligence, with a derivative claim by her husband.
- Defendants demanded an affidavit of merit (AOM) from a physician in the same specialty under New Jersey law.
- Studer provided an AOM from Dr. Scannapiego, an ophthalmologist, not a plastic surgeon. Defendants challenged the sufficiency of this AOM.
- The trial court dismissed Studer's complaint with prejudice for failure to provide a same-specialty AOM. Studer appealed.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| AOM Requirement for Informed Consent Claims | No AOM required after malpractice claim dismissed; claim just about disclosure | AOM still required because informed consent relates to medical negligence | AOM is required for informed consent claims in this context |
| Same-Specialty Requirement | Dr. Scannapiego (ophthalmologist) is qualified due to overlap in experience | Only a plastic surgeon (like Dr. Pyo) can provide a valid AOM | AOM must be from a specialty-matched physician |
| Applicability of Common Knowledge Exception | Initially asserted, later abandoned on appeal | Not applicable; expert testimony is necessary | Common knowledge exception does not apply |
| Relevance of Patients First Act (PFA) | Pre-PFA cases not binding; same-specialty rule shouldn't apply to informed consent | PFA's same-specialty rule applies to all medical negligence actions | PFA supports same-specialty AOM requirement for these claims |
Key Cases Cited
- Perna v. Pirozzi, 92 N.J. 446 (N.J. 1983) (failure to obtain informed consent may constitute medical malpractice)
- Couri v. Gardner, 173 N.J. 328 (N.J. 2002) (factors for when an AOM is required for negligence claims)
- Nicholas v. Mynster, 213 N.J. 463 (N.J. 2013) (same-specialty requirement for AOM in medical malpractice cases)