What Is an Affidavit of Merit?
Affidavit of Merit is a sworn statement from a qualified medical professional that explains why a healthcare provider may have breached the applicable standard of care and caused an injury. In a medical malpractice claim, the affidavit supports the allegations with an expert opinion and connects the provider’s conduct to the claimed harm.
Quick Facts About Affidavit of Merit
Category
Medical malpractice evidence
Used for
Supporting professional negligence allegations
Common confusion
Not a patient’s personal statement
Also called
Merit affidavit
Often discussed with
Medical Malpractice Claims
Key Takeaways About Affidavit of Merit
- A qualified medical professional provides the opinion.
- The statement connects alleged negligence with claimed injury.
- An affidavit is not the same as a medical record.
How Affidavit of Merit Works
An Affidavit of Merit is prepared by a medical professional whose training and experience relate to the care at issue. The professional reviews relevant records and explains the expected standard of care, the conduct that may have departed from that standard, and the connection between that conduct and the claimed injury.
Related glossary terms: Medical Records, Expert Witness, Surgical Error.
The affidavit supports the legal allegations in a medical malpractice claim. It does not decide whether negligence occurred, establish the final value of a claim, or replace testimony presented during litigation. Medical records provide the underlying clinical history, while an expert witness gives an opinion about professional care. The affidavit may be examined for clarity, factual support, and consistency with the available records.
From the Atlanta Auto Law team
When we review a potential medical malpractice claim, we organize the relevant medical records and identify the care issue that requires expert review. We then assess whether the affidavit addresses the provider’s conduct, the applicable standard of care, and the claimed injury in a clear and supportable way.
Affidavit of Merit in Practice: A Real-World Example
A patient develops a serious complication after a procedure and alleges that the treating provider failed to respond to warning signs. A qualified medical professional reviews the records and prepares an Affidavit of Merit explaining how the response may have departed from accepted care and contributed to the injury.
Related Services
Related Terms
Medical Records
Medical Records are written, electronic, or recorded details about a patient’s care, condition, testing, treatment, and…
Expert Witness
An Expert Witness is a qualified professional who explains specialized knowledge to help evaluate disputed facts…
Surgical Error
A surgical error is a preventable mistake or failure during a surgical procedure that causes harm…
Damages
Damages are the monetary losses and nonfinancial harms that a person or family may seek in…
Atlanta Auto Law
Have Questions About Affidavit of Merit?
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