An affidavit of merit is a pre-suit or early-filing requirement in professional negligence cases, most commonly medical malpractice. A licensed professional in the relevant field attests that there is a reasonable probability the defendant's care fell outside acceptable standards.
The requirement is procedural but strictly enforced. Failure to file within the statutory window, or filing an affidavit from an expert who does not meet the specialty requirements, frequently results in dismissal, often with prejudice.
Alternative Names:
Expert Affidavit
Why it Matters?
For the defense, the affidavit is the first and cheapest opportunity to test a malpractice claim. Challenging the affiant's qualifications, the timeliness of the filing, or the specificity of the opinions can end the case before discovery costs accrue. For plaintiffs, it is a hard deadline that has generated substantial malpractice exposure of its own.
Frequently Confused with
Related terms
Frequently asked questions
What happens if the affidavit of merit is not filed on time?
Who can sign an affidavit of merit?
