Affidavit Of Merit Example Force
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How to fill out New Jersey Affidavit Of Merit?
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FAQ
What Is An Affidavit Of Merit In New Jersey? Enacted in 1995, New Jersey Statute § 2A:53A-27, commonly known as the Affidavit of Merit Statute, was designed to reduce the number of frivolous professional liability and medical malpractice lawsuits in the state.
An affidavit of merit is a signed document that states that a medical expert has reviewed the plaintiff's case and agrees that the defendant fell short of the applicable standard of care. It is required in many states at the same time that the plaintiff files their lawsuit.
Unlike other causes of action, a medical malpractice case in New York must have an expert review the matter before you file the action. This is called a certificate of merit and is required by New York Civil Practice Law and Rules Section 3012-a.
Ohio law requires that an affidavit of merit include a statement that the expert (usually a doctor or other licensed health care professional): has reviewed all of the medical records reasonably available to the plaintiff, concerning the allegations contained in the complaint.
This affidavit must state that there is a reasonable probability that the afforded treatment and care by the defendants, and/or the skill or knowledge exercised by the defendants, fell outside of the acceptable customs, standards and/or practices of the profession.