LEE v. PARK, MD
2:12-cv-07437
D.N.J.Oct 23, 2013Background
- In a diversity action, Lee sues Park, M.D. for breach of confidentiality, negligence, and negligence per se over an unauthorized disclosure of medical information to Lee's wife.
- Lee seeks compensatory and punitive damages; the divorce action preceded the lawsuit.
- Lee moves to waive the affidavit of merit (AOM) requirement under N.J.S.A. 2A:53A-27, arguing a common knowledge exception applies.
- Park opposes, arguing the AOM statute may apply and the common knowledge exception does not, citing complexity of HIPAA and confidentiality rules.
- The court assesses (1) whether the AOM statute applies to this action and (2) whether the common knowledge exception obviates the need for an AOM, ultimately concluding the exception applies and waiving the AOM.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Does the AOM statute apply here? | Lee argues the AOM statute is not triggered. | Park contends the AOM statute may apply regardless of injury type. | AOM does not apply; common knowledge exception governs. |
| Does the common knowledge exception apply to this claim? | Lee asserts negligence for unauthorized disclosure is common knowledge. | Park contends HIPAA complexities require expert analysis and negate common knowledge. | Common knowledge exception applies; no AOM required. |
Key Cases Cited
- Couri v. Gardner, 137 N.J. 328 (New Jersey Supreme Court, 2002) (threshold AOM purpose to weed out frivolous lawsuits; not hyper-technical)
- Hubbard v. Reed, 168 N.J. 387 (New Jersey Supreme Court, 2001) (common knowledge exception to AOM in medical contexts)
- Nuveen Municipal Trust v. Withumsmith Brown, P.C., 692 F.3d 283 (3d Cir. 2012) (scope of AOM statute; questions remaining in NJ law)
- Natale v. Camden County Correctional Facility, 318 F.3d 575 (3d Cir. 2003) (common knowledge exception in medical negligence context)
- Sanzari v. Rosenfeld, 34 N.J. 128 (New Jersey Supreme Court, 1961) (common knowledge standard in medical negligence)
- Stempler v. Speidel, 100 N.J. 368 (New Jersey Supreme Court, 1985) (physician's duty of confidentiality; public/private interests)
- Hague v. Williams, 37 N.J. 328 (New Jersey Supreme Court, 1962) (breach of confidentiality and exceptions)
- Syndicate 1245 at Lloyd's v. Walnut Advisory Corp., 721 F. Supp. 2d 307 (D.N.J. 2010) (common knowledge concept in negligence/claims)