Example of Affidavit of Merit

AFFIDAVIT OF MERIT BY BOB SMITH, M.D.

 

STATE OF OHIO                        )

                                                      ) ss:

COUNTY OF LUCAS                ) 

 

I, Bob Smith, M.D., first duly sworn according to law, do hereby depose and state as follows:

1.      My name is Bob Smith and I am of sound mind, lawful age, and in all other respects competent to make this Affidavit.

 

2.      I am licensed to practice medicine by the State Medical Board of Ohio.  I am Board Certified by the American Board of Obstetrics and Gynecology.  I am an Assistant Clinical Professor at State University in the Department of OB/GYN.  I am a member of the Attending Staff at The General Hospital Department of OB/GYN in Toledo, Ohio.

 

3.      I devote more than half of my professional time to the active clinical practice of medicine in my field of licensure or to its instruction at an accredited school.

 

4.      I have reviewed the medical records reasonably available to the Plaintiff concerning the allegations contained in the Complaint.

 

5.      I am familiar with the applicable standard of care relative to the allegations contained in the Complaint.

 

6.      It is my opinion that the Defendants named in the Complaint, including Tom Jones, M.D. and Sally Smith, D.O. breached the standard of care by failing to provide proper medical treatment to the Plaintiff, relative to the allegations contained in the Complaint.

 

7.      The aforementioned breach of the standard of care caused severe injury to the Plaintiff.

 

              Further Affiant sayeth not.

                                                           

                        Bob Smith, M.D.______________

                                                          Bob Smith, M.D.

 

    Sworn to before me and subscribed in my presence this 21^st day of January, 2012.

 

                             Notary Jane___________________

                                                    Notary Public

 

 

 

If a medical malpractice complaint does not have a properly completed affidavit of merit attached, then the complaint is subject to dismissal by the court.  Obviously, getting a properly completed affidavit of merit is an essential part of any medical malpractice case.  A knowledgeable lawyer will make sure that a properly obtained and executed affidavit of merit is attached to your complaint before it is ever filed.

If you or a loved one have been injured due to a medical malpractice, you need help.Call 800.637.8170 to speak with a Toledo medical malpractice attorney and set up a free consultation.