Affadavit Of Merit In Toledo Medical Malpractice Claims
Another hurdle that plaintiffs have to overcome before pursuing a medical malpractice claim in Ohio is getting a doctor to prepare an “affidavit of merit.” As of 2005, Ohio law requires that any complaint for a lawsuit claiming medical malpractice must have an affidavit of merit attached.
The affidavit of merit is a sworn statement that must be completed by an expert witness (this will usually be the doctor that the plaintiff retains as his or her expert). The affidavit of merit must outline the doctor’s education, licenses, and work experience. It must indicate that the doctor devotes at least one-half of his or her professional time to active clinical practice in his or her field of licensure, or to its instruction at an accredited school.
Further, the affidavit must include statements that the doctor:
(1) has reviewed all medical records reasonably available
(2) is familiar with the applicable standard of care
(3) is of the opinion that the defendant medical care provider breached the standard of care and caused the plaintiff’s injury.
In addition, the affidavit of merit should state what the standard of care was in the given case and should specify how it was breached.
If you or a loved one have been injured because of medical malpractice, you need help. Call our Toledo, OH medical malpractice lawyers at toll free 800.637.8170 to request your FREE copy of our book The Ultimate Guide to Medical Malpractice Claims in Ohio and to set up a free consultation.