We decide two issues: whether New Jersey law required Daniel and Kathleen Natale (collectively, the “Natales”; in the singular, the reference is to Daniel Natale) to file an affidavit of merit in order to state a medical malpractice claim, and whether the Natales provided sufficient evidence of a governmental policy or custom for their claim under 42 U.S.C. S 1983 to survive the motion of Prison Health Services (“PHS”) for summary judgment. The District Court dismissed the Natales’ malpractice claim on the grounds that New Jersey law required the filing of an affidavit of merit that they did not submit. The District Court granted summary judgment to PHS on the Natales’ S 1983 claim because it concluded that they had not presented any evidence of a policy or custom at PHS that deprived Daniel Natale of his constitutional right to adequate medical care.
By Third Circuit U.S. Court Of Appeals