If you’re looking to file a medical malpractice claim in Michigan, it is essential that you know what an affidavit of merit is. This document is key to determining whether your medical malpractice claim is viable or not.
What is an Affidavit of Merit?
An affidavit of merit is a sworn statement from a health professional certifying the merit of a medical malpractice claim. The statement must come from a medical professional who works in the same field of practice as the defendant who harmed the party against whom or on whose behalf the testimony is offered. The health professional must be an active practitioner who has devoted a majority of their professional practice to their specialty, or a teacher at an accredited institution.
In Michigan, an affidavit of merit is required in a medical malpractice case. A formal complaint, including an affidavit of merit, is mandatory to go through with a medical malpractice claim.
The goal of an affidavit of merit is to:
- Reduce the number of claims being filed
- All but eliminate frivolous claims, as a medical professional has certified that there has been a breach of the standard of care that has caused injury to the patient.
What Does the Affidavit of Merit Contain?
An affidavit of merit must contain a few things to be considered viable. These things include:
- A statement declaring that the plaintiff’s standard of care was breached
- A statement describing what the standard of patient care should’ve been
- A statement describing what the defendant should have done to avoid the plaintiff’s injury.
- A statement describing how the defendant’s malpractice caused harm to the plaintiff.
How Does Someone Obtain an Affidavit of Merit?
Our firm will obtain the affidavit for you. You must give your legal and medical professionals access to your medical records so they can begin the process. Remember, the statute of limitations generally gives you two years to file a medical malpractice claim.
Ready to Begin?
Ready to get started on your medical malpractice claim? Look no further. Our team at Grewal Law PLLC can help you throughout this complex process to make things easier on you and your loved ones. Don’t wait until it’s too late—let the Grewal Law PLLC team take care of you.
To get in contact with a member of our team, contact us at (888) 211-5798 or visit our website to get started on a consultation request form.