A New Jersey court has ruled that licensed practical nurses (LPNs) are not considered "licensed persons" under the Affidavit of Merit (AOM) statute. This decision affects how malpractice claims can be pursued against LPNs, as plaintiffs may not need to file an AOM to proceed with their cases. The ruling was made in the case of Guy Gilligan v. Susan Junod, L.P.N., docket number A-1907-21, which was decided on November 9, 2022.

The case centers on Guy Gilligan, who filed a malpractice lawsuit against Susan Junod, a licensed practical nurse, after the death of his wife following a surgery. Gilligan alleged that Junod provided negligent medical advice regarding his wife's post-operative care. The court's decision is significant because it clarifies the legal standing of LPNs in malpractice cases and sets a precedent for future claims.

Background

The dispute arose after Gilligan's wife underwent colon surgery on August 2, 2018. Following her discharge, Gilligan contacted Junod, who was working at Virtua Surgical Group, P.A., to discuss his wife's worsening condition. Despite multiple communications, Junod's advice did not alleviate his wife's symptoms, and she was later found unresponsive and pronounced dead.

In July 2020, Gilligan initiated a medical malpractice action, initially naming Dr. Keith Meslin and Virtua Group as defendants. After some discovery, he dismissed claims against Dr. Meslin and later amended the complaint to include Junod, alleging her negligence in providing medical advice. The case eventually reached the New Jersey Superior Court Appellate Division after a lower court ruled that Gilligan did not need to file an AOM to proceed with his claims against Junod.

The Ruling

The court ruled that the AOM statute, which requires plaintiffs to file an affidavit from a qualified licensed person when alleging malpractice, does not apply to licensed practical nurses. The judges emphasized that the statute specifically lists certain professions and that LPNs are not included in that list.

The court stated, "the AOM statute expressly limits the term 'licensed person' to certain identified professionals."

The ruling was delivered by Judge Gilson, who noted that the AOM statute was enacted to balance the reduction of frivolous lawsuits while allowing legitimate claims to proceed. The court found that the legislature had made a clear distinction between registered professional nurses and licensed practical nurses, thereby excluding LPNs from the AOM requirements.

Impact

This ruling has significant implications for how malpractice claims are handled in New Jersey. It allows plaintiffs to pursue claims against licensed practical nurses without the need for an AOM, which could make it easier for individuals to seek justice in cases of alleged negligence. However, plaintiffs must still prove their cases through expert testimony regarding the standard of care and any deviations from that standard.

The decision also reinforces the legislative intent behind the AOM statute, which is to limit its application to certain licensed professionals. This clarification may influence future legislative amendments if the legislature decides to include LPNs under the AOM requirements.

What's Next

The court's ruling is final unless appealed. However, the opinion does not indicate whether Junod plans to appeal the decision. There are no related cases pending that were mentioned in the court filing.