A medical malpractice claim is a type of personal injury lawsuit – but they’re unique in that you cannot simply file the lawsuit when you choose.
In an effort to reduce what was (largely falsely) seen as “nuisance suits” that negatively affected medical providers, Nevada established a rule that requires every medical malpractice claim to be filed with an affidavit from a medical expert. This is commonly called an affidavit of merit. If you don’t follow this rule, your case will be summarily dismissed.
You need at least one qualified medical professional on your side
Malpractice suits are complicated because plaintiffs have to show that a medical provider deviated from the expected standard of care – but standards of care change according to the situation. The standard of care expected by a general practitioner, for example, isn’t the same as that expected from a world-renowned heart specialist, nor is the expected standard of care always going to be the same in a rural hospital with limited resources compared to a fully-equipped medical center in the middle of a city.
An affidavit of merit is basically a qualified medical provider’s assertion that they believe the allegations set out in your complaint and that one or more of your medical providers deviated from accepted norms when it comes to your treatment
While this may seem like a pretty straightforward process, it’s a considerable hurdle for a lot of malpractice victims. It can take a lot of time to find a provider who is both qualified to give their opinion and willing to do so – and more time, still, for them to review the evidence in your case. This is one reason it is so important to seek legal guidance early on in your case
