September 2016 Archives

What is an affidavit of merit and why does it matter in med mal litigation? P.2

In our last post, we began looking at what exactly an affidavit of merit is in the context of medical malpractice litigation. As we pointed out last time, an affidavit of merit is a document to be filed with the court which establishes the merits of the case. To that end, an affidavit provides the basic allegations establishing the elements of the medical malpractice case. Getting the affidavit right is one of the first steps to proceeding with a successful medical malpractice case. The aim is to assure the court that the claim is not frivolous.

What is an affidavit of merit and why does it matter in med mal litigation?

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.

Gaining access to medical records: a common challenge in medical malpractice litigation

Surgical procedures involve various risks. As we’ve pointed out in recent posts, surgeons can and do sometimes make mistakes. Sometimes these errors are serious and leave the patient with permanent health problems.

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