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Court holds that, regardless of pleadings, the statute requires that an Affidavit of Merit be served within 60 days (extendable for good cause to a maximum of 120 days) of a licensed professional's answer.
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.
The following are six critical sections that must be included: Title. This is either your name (?Affidavit of Jane Doe?) or the specific case information. Statement of identity. The next paragraph tells the court about yourself. ... Statement of truth. ... Statement of facts. ... Closing statement of truth. ... Sign and notarize.
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.