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A certificate of merit is a document that the plaintiff's attorney files that is signed by an appropriate licensed professional. In it, the professional declares that he or she has reviewed the medical malpractice claim and that he or she believes that there is a reasonable probability that the defendant provided
Is it time for New York to follow suit? In general, an Affidavit of Merit is an Affidavit executed by a licensed design professional affirming under oath that the design professional's services were negligent and/or breached the applicable standard of care.
In a certificate of merit, the plaintiff's medical malpractice attorney certifies that s/he has reviewed the facts of the case, and has consulted with a medical expert and arrived at the conclusion that the plaintiff's action has merits.
Certificates of Merit A certificate of merit is a statement from an appropriate licensed professional. This means that the professional must hold a medical license, and typically must be in an equal professional position as the defendant.
The affidavit of merit statute in New Jersey provides that in an action for professional malpractice, the plaintiff must provide an affidavit of an appropriate licensed person stating that there is a reasonable probability that the defendant breached professional conduct standards. N.J.S.A. 2A:53A-27.