Missouri takes medical negligence seriously. While state law allows victims to sue health care providers, it can be a challenging process. One of the most significant gatekeepers is the Affidavit of Merit, a document you must file shortly after starting a lawsuit. Understanding the importance of this requirement is the first step in recovering damages.
Missouri’s strict rules for obtaining an Affidavit of Merit
When you take legal action against a doctor, you must file an Affidavit of Merit with the court to prove that your case is not baseless. You can only obtain this statement from a legally qualified health care provider.
The expert must be licensed in the same profession as the doctor you are suing. Additionally, they must be actively practicing or retired for no more than five years.
The important paperwork and deadlines to consider
For an affidavit to be valid, the medical expert must state that your doctor failed to provide the level of care that a reasonably prudent provider would have under similar circumstances. Because of this failure, it contributed to the injuries or damages you claim.
Upon completion, you must file the affidavit within 90 days after starting a lawsuit. While the court can grant one extension of up to 90 additional days for good reason, it would be best to file on time. Missing the deadline typically results in the court dismissing your case.
Ensuring your case clears the bar
Finding a medical expert who is willing to testify against a colleague is a high hurdle, especially when working against statutory deadlines. Consulting with an attorney can give you access to a network of qualified health care professionals.
