The concept of merit is an important one when pursuing medical malpractice litigation. Merit refers to the plaintiff’s basis for pursuing the claim. A case which has merit has a valid basis such that a court could find that the plaintiff’s legal rights have been violated based on the claims made in the complaint.
Just because a case is meritorious does not mean that the claims will be sustained, though. The plaintiff has the duty to present sufficient evidence to support the claims, and a defendant has the right to respond to the complaint, which can affect the case. Setting forth meritorious claims in a complaint is the important first step a plaintiff’s takes, though, in pursuing a case.