If you think you have a medical malpractice case in Michigan, you need to be prepared to comply with a number of procedural rules that are unique to these kinds of lawsuits. One of the most daunting of these requirements is the "affidavit of merit."
Read on for the details on what the affidavit of merit is, and what it needs to cover. (Get the details on another procedural rule unique to these kinds of civil claims: the "notice of intent to file" a Michigan medical malpractice lawsuit.)
How Do I File the Affidavit of Merit In a Michigan Medical Malpractice Case?
Michigan Compiled Laws section 600.2912d says that the plaintiff in any medical malpractice case (or the plaintiff's attorney) must file, alongside the complaint (that's the document that lays out the plaintiff's allegations and gets the lawsuit started), an "affidavit of merit" signed by a health care professional who meets the qualifications for medical expert witnesses, has reviewed the plaintiff's case and the supplied medical records, and can state under oath the expert's opinion as to the following:
- what "standard of care" should apply to the case (which sets the baseline for assessing the defendant health care provider's actions in treating the plaintiff)
- that the health care provider breached that standard of care in treating the plaintiff
- what the health care provider should have done in order to meet the standard of care, and
- how the health care provider's deviation from the applicable standard of care caused the plaintiff's harm ("damages" in legalese).
(Learn more about what you need to prove in a medical malpractice case.)
Can I Get an Extension to File the Affidavit of Merit In Michigan?
Even though section 600.2912d says that the affidavit of merit must be filed along with the complaint, the plaintiff may ask the court for an additional 28 days to get the affidavit filed. The court will usually grant the request as long as the plaintiff has shown "good cause" for the extension.
And if the defendant health care provider hasn't given the plaintiff access to medical records in time (within 56 days after receiving the notice of intent to file the lawsuit), Michigan allows another 91 days to file the affidavit of merit.
A Michigan medical malpractice attorney will no doubt have the experience to comply with all the rules related to filing a Michigan medical malpractice lawsuit (including the notice of intent, the affidavit of merit, and the statute of limitations for Michigan medical malpractice cases). If you have questions about these rules or anything else related to your potential case, an experienced attorney will have the answers.