A patient claimed a dental device caused teeth shifting, worsened his sleep apnea, and led to muscle pain and headaches, reports the New Jersey Law Journal.
Morris County Superior Court Judge Thomas Manahan dismissed the suit with prejudice, holding that the “fact that Dr. Samani is an expert in sleep apnea is irrelevant in this malpractice claim because the statute clearly requires the affidavit of merit to be submitted by a person who practices in the same specialty or subspecialty.”
“Specifically, an affidavit of merit from another orthodontist was required,” Manahan added.
