Medical malpractice is a complicated area of personal injury law that comes with its own unique set of laws and statutes. One common requirement before an individual can file a medical malpractice claim is the affidavit of merit. This legal document serves to show that the patient has valid grounds to pursue a malpractice claim by providing confirmation from a relevant medical professional.
What Is an Affidavit or Certificate of Merit?
An affidavit of merit, also called a certificate of merit, is a legal document that is often required during the filing process for a medical malpractice or medical negligence lawsuit. It is a signed statement saying that a qualified and relevant medical professional has reviewed the case and confirmed that there are legitimate medical grounds for a claim.
What Is the Purpose of the Affidavit of Merit?
Many states require affidavits of merit when filing medical malpractice lawsuits to prevent frivolous or unfounded claims against health care providers. Not all negative patient outcomes are due to medical negligence. Requiring an affidavit of merit signed by a licensed medical professional helps to filter out baseless claims, keeping the legal system efficient and protecting health care providers from unnecessary litigation. Having this document also strengthens a medical malpractice claim by having it validated by a medical professional.
What Must an Affidavit of Merit Include?
Different states have different legal requirements when it comes to medical malpractice affidavits of merit. However, most require at least the following:
- A case and medical record review by a relevant medical expert or provider.
- The reviewer must be properly licensed in the same or similar medical practice as the defendant.
- The medical expert must also review the patient’s medical records.
- A statement confirming there is a reasonable probability that the medical standard of care was breached.
- The signature of the physician attesting to the truth of his or her review.
Review the laws in your state with help from a medical malpractice attorney to make sure you meet the specific requirements.
When Do You Need to File an Affidavit of Merit for a Medical Malpractice Claim?
Whether or not you need to submit an affidavit of merit to the courts when filing a medical malpractice lawsuit depends on the laws in your state. In Minnesota, an affidavit of merit is required for all professional malpractice cases, including medical malpractice lawsuits. If this is a requirement where you live, check state deadlines. You typically must submit an affidavit of merit within 180 days of initiating a lawsuit, but this may vary.
How Do You Get an Affidavit of Merit?
To obtain an affidavit of merit as part of a medical malpractice lawsuit, you should start by consulting with a lawyer. A medical malpractice law firm will have connections to properly licensed and qualified medical experts who are available to review your case and sign the required paperwork. Your lawyer can handle confusing legal forms and processes on your behalf to make sure you meet all of your state’s requirements and deadlines.
As your medical malpractice lawsuit proceeds, an experienced personal injury attorney can collect and present evidence, negotiate with insurance companies, and represent you during a lawsuit, if necessary, for maximum compensation. A lawyer is someone you can count on to protect your best interests every step of the way.