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Affidavit of Merit in a Michigan Medical Malpractice Lawsuit

Legally Reviewed and Edited by: Terry Cochran

There are a lot of steps in a Michigan medical malpractice claim, and many legal terms and definitions. A medical malpractice lawsuit is often undergirded by strong emotions, but it also must have merit which refers to the plaintiff’s basis for pursuing the claim.

If you or a family member are considering filing a lawsuit or are already wading through a medical malpractice lawsuit, seek the guidance of a team of skilled medical malpractice lawyers at Cochran, Kroll & Associates, P.C. today.

In the meantime, it is worth becoming familiar with the Michigan Affidavit of Merit law. Hopefully, this knowledge can aid you in understanding your rights as well as help you along the path to the compensation, justice, and fair treatment that you deserve.

What are the basics of an affidavit of merit?

An affidavit is a legal term that refers to a written statement confirmed by oath or affirmation, for use as evidence in court. Merit, on the other hand, indicates quality or worthiness.

An Affidavit of Merit means a written statement confirming that the plaintiff has a legitimate medical malpractice complaint in Michigan. It’s a piece of paper that indicates to the courts that a former patient and present plaintiff have a legitimate claim that deserves attention.

Legal claims without merit waste time and resources. The submission of an Affidavit of Merit along with the complaint safeguards against frivolous medical malpractice claims.

What are the particulars of an affidavit of merit?

affidavit of merit

An affidavit of merit must check all the following boxes:

  • It’s a statement that certifies that a health professional agrees with the plaintiff’s complaint.
  • The health professional must have the same medical specialty as the defendant or the medical professional accused of harming the plaintiff.
  • The Affidavit must include:
    • What the standard of patient care should have been
    • A health professional’s statement that this standard of care was breached
    • What the defendant should have done instead
    • How the malpractice caused harm or injury to the plaintiff
  • Finally, the Affidavit must be appropriately filed with the malpractice lawsuit

What it isn’t

Here are some things an affidavit of merit cannot do.

  • It doesn’t ensure a case outcome
  • It doesn’t eliminate the need for a qualified attorney or malpractice lawyers

How to get an affidavit of merit

Here are some simple steps to getting an affidavit of merit.

  • Approach a qualified medical professional
  • Remember to approach a professional with the same specialty as the potential defendant
  • Give them access to your medical records
  • The statute of limitations of two years applies to affidavits of merit and Michigan medical malpractice lawsuits.

How can a legal professional at Cochran, Kroll & Associates, P.C. help me?

A legal professional or a team of medical malpractice attorneys at Cochran, Kroll & Associates, P.C. can help you in a number of ways.

We can help guide you through the steps of attaining an affidavit of merit. It’s a confusing topic, and there’s no need to add legal hoops if you’re also dealing with the aftermath of medical malpractice. Additionally, we can guide you through the rest of the legal system and ensure you get the compensation, fair treatment, and justice you need and deserve if you have been a victim of medical malpractice.

Our team of Michigan personal injury lawyers include senior trial attorney and nurse attorney, Eileen Kroll.

Eileen’s background as a registered nurse ensures we engage the best medical experts for your unique case. Our legal team can get you the economic damages and non-economic damages such as pain and suffering that you deserve according to the state law.

We also represent next-of-kin and beneficiaries in the case of wrongful death to ensure they receive justice and damages under Michigan law. The statute of limitations for medical negligence that caused someone’s death is within two years after the first estate is opened for the decedent but not to exceed five years from the date of negligence.

If you suspect you or a loved one has suffered from medical negligence in a health care environment or a nursing home at the hands of a third party, contact our law firm at 866-MICH-LAW for a free consultation.

Disclaimer : The information provided is general and not for legal advice. The blogs are not intended to provide legal counsel and no attorney-client relationship is created nor intended.

Emma Reed has a background in Psychology (B.A.) and Medical Anthropology (M.S.) and writes for a variety of medical publications. Her passion is making cutting-edge medical information accessible to a broader audience, and her work often examines the intersections of sociology, anthropology, and medicine.



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