In a previous article, we have discussed the requirement of a Notice of Intent. We have discussed the periods required for the specific needs of the patient who is filing a claim of medical malpractice against a medical practitioner.
With that let us move forward with a discussion and talk about another important aspect that you need to head start your medical malpractice case in Michigan – the Affidavit of Merit.
What is the Affidavit of Merit?
According to Michigan law, an affidavit of merit must be included in the plaintiffs’ notice of intent and it must be signed by a healthcare professional who is qualified under state law.
Legal Provision
Section 600.2912e – Action alleging medical malpractice; filing an answer to complaint; filing the affidavit of meritorious defense; failure to allow access to medical records:
(1) In an action alleging medical malpractice, within 21 days after the plaintiff has filed an affidavit in compliance with section 2912d, the defendant shall file an answer to the complaint. Subject to subsection (2), the defendant or, if the defendant is represented by an attorney, the defendant’s attorney shall file, not later than 91 days after the plaintiff or the plaintiff’s attorney serves the affidavit required under section 2912d, an affidavit of meritorious defense signed by a health professional who the defendant’s attorney reasonably believes meets the requirements for an expert witness under section 2169. The affidavit of meritorious defense shall certify that the health professional has reviewed the complaint and all medical records supplied to him or her by the defendant’s attorney concerning the allegations contained in the complaint and shall contain a statement of each of the following:
(a) The factual basis for each defense to the claims made against the defendant in the complaint.
(b) The standard of practice or care that the health professional or health facility named as a defendant in the complaint claims to apply to the action and that the health professional or health facility complied with that standard.
(c) The manner in which it is claimed by the health professional or health facility named as a defendant in the complaint that there was compliance with the applicable standard of practice or care.
(d) The manner in which the health professional or health facility named as a defendant in the complaint contends that the alleged injury or alleged damage to the plaintiff is not related to the care and treatment rendered.
(2) If the plaintiff in an action alleging medical malpractice fails to allow access to medical records as required under section 2912b(5), the affidavit required under subsection (1) may be filed within 91 days after filing an answer to the complaint.
MCL 600.2912e
Are all medical professionals allowed to sign the Affidavit of Merit?
No, not all medical professionals are allowed to sign and make the Affidavit of Merit. A medical expert to be one who must have the following qualifications:
- licensed and qualified to practice in the same specialty as the defending medical professional;
- licensed and qualified to teach in the same specialty as the defending medical professional;
- Must have the same board certifications of the defendant; and
- Must be in the same professional expertise as the defendant.
This requirement means that a general practitioner is not allowed from giving an expert opinion in the Affidavit of Merit.
Why is this the requirement?
Expertise in the medical profession is very important especially in terms of making the medical decisions that could mean the life or death of the individuals involved. The expertise of an oncologist is different from the medical opinion of a person who merely practices medicine and is still a general practitioner.
This is the reason why nurses are not allowed to speak as an expert in terms of making medical decisions made by a doctor because their training is not the same as a doctor. The medical professional must be in the same league as the defendant.
As an example, a dermatologist cannot be given weight as an expert for the medical decisions that have been made by a licensed and special oncologist who has been dealing with the specific situation for years.
What should be included in the Affidavit of Merit?
The Affidavit of Merit must show the applicable standard of care. It must include the following content for it to be given weight in court:
- the applicable standard of care;
- the expert’s opinion that the defendant failed to meet the standard of care;
- the actions the defendant should have taken to meet the standard of care; and
- how the defendant’s provision of sub-standard care caused the plaintiff’s injuries.
Once you have completed the requirements for the Notice of Intent and all other requirements, as received by the defendants, it is now the turn of the defendant to present his case.
Let Haque Legal Help You With Medical Malpractice Claims
Now that you know some facts about dealing with medical malpractice, it is time to get down to it. If you require a lawyer who can assist you with ensuring that you protect your rights to your property, it is important to know that you also have a team that can help you out with your specific needs.
Our law firm is dedicated to making sure that those who are innocent will be protected by the law and the full extent of justice will be used.
Disclaimer
The article that you have read is based on general applications of the law. It is not legal advice and it is not to be construed as any legal consultation with the firm. No client-attorney relationship is created when you read the articles we have provided.
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If you need a lawyer to help you during your medical malpractice proceedings, call us immediately. Let us help you set things right.
The post Headstart Your Medical Malpractice Case in Michigan: Affidavit of Merit appeared first on Haque Legal.