United States Third Circuit

New Jersey law did not require plaintiffs to file a medical expert's affidavit of merit in order to state a medical malpractice claim. Plaintiffs provided sufficient evidence of a prison health provider policy which denied the right to adequate medical care, to defeat summary judgment in a 42 U.S.C. section 1983 claim.

Appellate Information

• Argued 06/27/2002
• Decided 02/07/2003
• Published 02/07/2003

Judges

• Before AMBRO and STAPLETON, Circuit Judges, O'NEILL, District Judge.

Court

• United States Third Circuit

Counsel

• For Appellant:
  
• Saul J. Steinberg (Argued), Sufrin, Zucker, Steinberg, Waller & Wixted, Camden, NJ, for Appellant.


• For Appellees:
  
• Kevin W. Lynch (Argued), White & Williams LLP, Westmont, NJ, for Appellee.