Medical malpractice cases are often complicated matters. Due to the very nature of the claims being made there is naturally a lot riding on the outcome of cases such as these. As such, it is absolutely essential for the parties involved to understand the processes they will be going through and what to expect along the way. Perhaps one of the most important (and most unknown) aspects of a medical malpractice case is that of the affidavit of merit. Understanding what an affidavit of merit is and just how it could affect your case will be essential to the legal procedures that await those who choose to file a medical malpractice claim.

An affidavit is a sworn statement of fact which is put in writing and used for legal purposes. In medical malpractice cases, an affidavit of merit is quite similar. It is a statement made by an expert that is used to ensure that the medical claims being made are actually of merit; the objective purpose being to deter unnecessary lawsuits that might be made based on claims with no true means for complaint. Affidavits of merit are so important to a medical malpractice case, in fact, that any plaintiff that does not file one as part of their lawsuit can expect that their case will likely be systematically dismissed. This reason again prompts the notion that persons wishing to file a medical malpractice complaint and take their case to court must fully comprehend the totality of their actions, including the steps that will need to be taken in order to follow through with their lawsuit; in this case, filing an affidavit of merit.

It is required that documents of this nature include certain elemental statements. These are statements that allow for the legal hearings to proceed becuase they attest to the fact that a professional in the health care field has assessed the claims being made, and has reviewed the medical records and other supportive evidence relating to the case. Once this has been completed, they will need to state in writing what the applicable standard of practice would be in regards to the health care in question; their belief that the appropriate standard of care was not provided during the plaintiff's medical case; the way in which the medical error or breach of practice could have been avoided; and the exact way in which the patient has suffered due to the malpractice of the medical physician or facility in question.

Affidavits will vary among different states, but the general legal concept is maintained throughout the nation. An affidavit of merit is used to provide sound proof that the medical complaints being made and taken to court are not being done so frivolously. For this reason, many states such as New York actually require that the sworn legal documents accompany cases of medical malpractice claims. These are legal documents that should be filed at the same time that your complaint is issued. When no affidavit of merit is provided, it is the common practice of some state court systems to automatically dismiss the case altogether. Fortunately, there is still hope for these cases. Providing that there is good cause for the oversight, the attending court may grant another 28-day window which will allow the plaintiff time to file their affidavit. Additionally, if medical records are denied by the defendant in question during a medical malpractice case, filing of the affidavit will be accepted within 91 days of the time that the complaint was made.

Medical malpractice occurs when a medical professional fails to meet the standards of practice set forth by the health care field. Victims of medical malpractice know firsthand how devastating and debilitating the negligent behaviors of another can be to a person's life. Therefore, taking action in the way of a legal pursuit is often necessary. It is also necessary to ensure that all legal procedures of a medical malpractice case be understood and followed to a tee. The merit of a case will be much more difficult to defend when it appears as though similar signs of the negligence or inattention that led to an injury or illness are now being displayed by the plaintiff that failed to provide the necessary legal documents. This can easily be avoided, and a case can successfully be won, when all components of the legal process are understood and completed in a timely manner; none more important than that of the affidavit of merit.