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Ohio’s Affidavit of Merit for medical malpractice claims

On Behalf of | Aug 2, 2023 | Medical Malpractice

Ohio has a specific legal requirement called the “Affidavit of Merit.” This requirement serves a critical purpose in medical malpractice lawsuits, helping ensure that plaintiffs can demonstrate the validity of their claims.

Understanding the intricacies of the Affidavit of Merit (AOM) can be crucial for both plaintiffs and defendants involved in such cases. Read on to explore the Affidavit of Merit requirement, its significance and its implications for medical malpractice claims.

The purpose and significance of the affidavit of merit

The Affidavit of Merit is a legal document that plaintiffs must file when initiating a medical malpractice lawsuit in the state. It is designed to ensure that the plaintiff’s claim has a reasonable basis and is not frivolous. The requirement is outlined in Ohio Revised Code Section 2323.451, which aims to establish the merit of the medical malpractice claim before proceeding to court.

By requiring a sworn statement from a qualified medical expert, the state aims to verify the validity of the plaintiff’s claim and eliminate cases lacking substantial evidence of negligence or malpractice. This requirement also serves to minimize the burden on the court system by dismissing frivolous lawsuits at an early stage.

The Affidavit of Merit holds significant importance for plaintiffs in medical malpractice cases. It serves as a crucial step in demonstrating the legitimacy of their claims and finding qualified medical experts who can attest to the presence of negligence.

Who can provide an affidavit of merit?

The plaintiff must obtain a signed affidavit from a qualified medical practitioner to meet the requirements. The professional must have sufficient experience and knowledge in the same field as the defendant’s healthcare professional, helping ensure they can accurately peer-review the standard of care provided.

It’s crucial to note that the medical practitioner providing the Affidavit of Merit should not be directly involved in the case or have any personal or financial interest in its outcome. This helps ensure impartiality and credibility in the assessment.

The Affidavit of Merit requirement plays a critical role in medical malpractice cases, helping ensure that plaintiffs can demonstrate the legitimacy of their claims. If you have a medical malpractice claim, engage a professional to help you follow the proper channels to increase your odds of receiving the compensation you deserve.