Affidavits of Merit

Medical malpractice cases can be difficult and frustrating for the injured party for a variety of reasons. One of these reasons is the fact that, in many states, the injured person, who has already been through so much, is required to provide some kind of affirmative proof that his or her case is valid before any further steps can be taken. This rule was created in order to limit the amount of false medical malpractice cases that make their way into court, but still, it often feels unfair to have to prove your case just to get your voice heard.

Regardless of whether this is fair or not, however, the fact remains that many states do require proof of the validity of the case. Depending on where you live, this proof might be referred to as an “affidavit of merit,” a “certificate of merit,” or an “offer of proof.”

If you are required by your state to have this proof, make sure that it consists of either a medical opinion from a qualified physician that medical negligence or error of some type occurred and did indeed cause your injuries or proof that you have contacted a qualified medical professional. Where you live will dictate which step you need to take. Your lawyer can help you to fulfill this requirement.

If you are required to have a full and detailed medical report, it will generally need to consist of the following:

lInformation about any medical documents reviewed by the medical professional

lInformation on which medical standards of care should have been used

lProof or information that demonstrates that the medical standard or standards were not enacted

lInformation on how the negligence led to the resulting injury

Before you start stressing about all of these details, bear in mind that, if you have the right lawyer who is familiar with these types of cases, all of this will generally be taken care of for you. All you have to do is provide input and information as needed. If this process is being made overly stressful for you or is not being handled properly, then it’s definitely time to find a legal professional who can handle your case appropriately and take the stress and worry off of your shoulders. After all, you’re already dealing with enough, so do not settle for less than the best legal help and representation.