Licensed medical professionals have a duty to provide a medical standard of care to their patients. Under Nevada law, medical malpractice is when a health care provider breaches that duty by failing to use “the reasonable care, skill or knowledge any other similarly trained and experienced health care provider would have under similar circumstances.” Therefore, you would need a qualified medical expert to verify that the health care provider or physician you are suing deviated from the medical standard.
Basically, the qualified medical expert would need to support your medical malpractice claims through an affidavit of merit. If you do not have an affidavit of merit, the court will dismiss your claims.
What is an affidavit of merit?
An affidavit of medical expert or merit is a signed document stating that a medical expert reviewed your case and the health care provider failed to provide a reasonable standard of medical care. It is a legal requirement that aims to filter out frivolous claims. The affidavit should meet the following conditions:
- The medical expert should sign it under oath.
- The affidavit should support the allegations contained in your claim.
- The medical expert who signed it should have substantially similar experience in the same practice as the health care provider you are making a claim against.
- The affidavit should identify each party you are making a claim against.
- The affidavit should explicitly outline the specific wrongful act of each party you are making a claim against in simple and direct terms.
A problem might arise when you need help finding a medical expert who wants to participate in a malpractice lawsuit. Doctors do not like to speak ill of their colleagues, so you must act quickly to find someone willing to review all the facts of your case.
An affidavit of merit is only one essential requirement
Medical malpractice lawsuits can be highly complex, especially when you compare them to other personal injury lawsuits. They come with a significant number of procedural requirements. Be that as it may, the law holds health care providers to a higher standard. The compensation you may recover may be worth all the obstacles you face.
