Medical Malpractice Affidavit of Merit
If you are considering filing a medical malpractice claim or lawsuit, it is important to know that you will need a sworn statement or affidavit that states that your medical malpractice claim meets the threshold requirements with respect to the allegations put forward against the defendant and that these allegations are not unfounded. The affidavit must be a sworn statement by an attorney or an expert medical witness. This article will discuss the medical malpractice Affidavit of Merit and its relevance to medical malpractice cases.
The medical malpractice Affidavit of Merit is a byproduct of tort reform laws . The point of an Affidavit of Merit is to bottleneck frivolous claims before they get to the court system. Therefore, by having a sworn statement by an attorney or an expert medical witness this process does the bottlenecking. The language found in the affidavit varies depending on the state that you are in, however, each affidavit must outline three things:
1.The expert signing the affidavit qualifies as an expert in the same medical field in which the defendant health care provider practices
2.The expert has reviewed your case
3.The expert is of the opinion that your case has merit. This basically means that the defendant’s conduct fell short of the medical standard of care under the circumstances.
It must be noted that the person who signs your Affidavit of Merit does not have to be your testifying expert medical witness if your medical malpractice case goes to trial. This is quite understandable because of the medical fraternity in the area or region that the defendant health care provider is situated; therefore, the expert medical witness may feel uncomfortable testifying against one of his or her colleagues. However, they may feel comfortable simply stating that your case has merit. Further, another reason why the expert who signs your affidavit may not testify is that your lawyer may determine, for some reason or another, that he or she may not make an effective testifying expert medical witness. It must also be noted that your attorney may be the one who swears to the contents of the affidavit and not an expert medical witness (depending on state laws).
While Alaska does not require that an affidavit be filed alongside your medical malpractice lawsuit, your case could be dismissed if you live in a state that requires an affidavit and you do not submit it. Some states allow the plaintiff to file the affidavit within a specific time frame, for example, ninety (90) days. And, sometimes, the court in which you file the lawsuit may allow for some additional time for you to secure an affidavit after filing your lawsuit. However, the best course of action is to file the affidavit alongside your medical malpractice lawsuit.
To find out more about the Affidavit of Merit requirements, you may contact an Anchorage medical malpractice attorney who can also provide you with a free case evaluation to help you determine the validity of your claim, provide advice, and if you so choose, represent your interests in your medical malpractice lawsuit.
If you are looking for personal injury lawyers, the author of this article recommends Crowson Law Group.
The medical malpractice Affidavit of Merit is a byproduct of tort reform laws . The point of an Affidavit of Merit is to bottleneck frivolous claims before they get to the court system. Therefore, by having a sworn statement by an attorney or an expert medical witness this process does the bottlenecking. The language found in the affidavit varies depending on the state that you are in, however, each affidavit must outline three things:
1.The expert signing the affidavit qualifies as an expert in the same medical field in which the defendant health care provider practices
2.The expert has reviewed your case
3.The expert is of the opinion that your case has merit. This basically means that the defendant’s conduct fell short of the medical standard of care under the circumstances.
It must be noted that the person who signs your Affidavit of Merit does not have to be your testifying expert medical witness if your medical malpractice case goes to trial. This is quite understandable because of the medical fraternity in the area or region that the defendant health care provider is situated; therefore, the expert medical witness may feel uncomfortable testifying against one of his or her colleagues. However, they may feel comfortable simply stating that your case has merit. Further, another reason why the expert who signs your affidavit may not testify is that your lawyer may determine, for some reason or another, that he or she may not make an effective testifying expert medical witness. It must also be noted that your attorney may be the one who swears to the contents of the affidavit and not an expert medical witness (depending on state laws).
While Alaska does not require that an affidavit be filed alongside your medical malpractice lawsuit, your case could be dismissed if you live in a state that requires an affidavit and you do not submit it. Some states allow the plaintiff to file the affidavit within a specific time frame, for example, ninety (90) days. And, sometimes, the court in which you file the lawsuit may allow for some additional time for you to secure an affidavit after filing your lawsuit. However, the best course of action is to file the affidavit alongside your medical malpractice lawsuit.
To find out more about the Affidavit of Merit requirements, you may contact an Anchorage medical malpractice attorney who can also provide you with a free case evaluation to help you determine the validity of your claim, provide advice, and if you so choose, represent your interests in your medical malpractice lawsuit.
If you are looking for personal injury lawyers, the author of this article recommends Crowson Law Group.
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