Medical Malpractice
Procedural Requirements
Many states require a claimant to file an affidavit from a qualified expert stating that the standard of care was breached. Requirements specify the affiant's qualifications, content, and filing deadline.
Noncompliance generally results in dismissal.
Alternative Names:
Certificate of Merit (Medical), Merit Affidavit
Why it Matters?
These statutes are enforced strictly and dismissal is frequently with prejudice where the limitations period has run, which makes the affidavit the first item to examine when a malpractice claim is filed. Common defects include an affiant outside the defendant's specialty, insufficient specificity about the breach, and untimely filing. The affiant's qualifications must satisfy the statute rather than merely the general expert standard.
Frequently Confused with
Related terms
Frequently asked questions
What defects commonly defeat the affidavit?
Is dismissal with prejudice?
