When your medical provider has failed you, you have every right to pursue a claim for the compensation you need for the future – but a medical malpractice claim isn’t a quick or simple process.
Because insurance companies carry a lot of weight, they’ve managed to convince many states, Missouri included, that there must be a system to weed out any “frivolous” malpractice claims. That’s how the Affidavit of Qualified Health Care Provider came into being.
It’s a requirement before your claim can proceed
Under the requirements spelled out in the law, you cannot pursue a claim against a doctor, hospital or any other medical provider until you have an affidavit – or written statement, made under oath – of another “legally qualified health care provider” that states:
- ● The testifying provider is licensed to practice medicine in the United States and is either currently in practice or within five years of retirement from active practice, and they must be in a speciality or field that is similar or equal to the defendant provider.
- ● The provider filing the affidavit believes that the defendant provider failed to meet the applicable standard of care for your situation at the time, meaning they did not do what a reasonably prudent provider would have done under like circumstances.
- ● The mistakes of the defendant provider either caused or contributed to the damage that you suffered while under their care, whether through direct harm or by delaying the proper care until you were virtually guaranteed a poorer outcome.
While this is often seen as an unnecessary and expensive step for medical malpractice plaintiffs, since it isn’t imposed on other types of personal injury victims, it’s a requirement that you simply cannot skip.
Protecting your interests when you have been injured by a medical provider isn’t always easy, and it takes experienced legal guidance to avoid missteps along the way to a successful claim.