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References in periodicals archive ?
DeBerardino, when deposed, and in direct contradiction to his affidavit of merit, declined to opine that defendants breached their standard of care in operating on the left knee, confirmed that numerous opportunities to consent or not consent were provided to Starnes regarding his left knee, stated that he had no evidence to suggest that defendants altered Starnes's medical records, and stated that he did not have evidence to demonstrate that there was a conspiracy to conceal Dr.
Loring Helfrich, a general surgeon, due to complications from an injured duct during gall bladder surgery.<br />State law requires plaintiffs in a medical-malpractice suit to file an affidavit of merit from a qualified health care provider shortly after the suit's filing.
'De Lima's petition should be considered unsigned while the affidavit of merit as not having been executed,' Calida's manifestation stated.
The court held, inter alia, that in order to successfully rebut a defendant's reasons that summary judgment be granted for him, a plaintiff must demonstrate the existence of a triable issue of filet by submitting an expert's affidavit of merit attesting to a deviation or departure from accepted practice, and containing an opinion that the defendant's acts or omissions were a competent-producing cause of injuries.
Despite the willingness of New York courts to forgive a party's failure to comply with a conditional order requiring disclosure, the grounds cited to support the relief, i.e., a reasonable excuse for the delay and an affidavit of merit of the claim or defense, have never been addressed by the Court of Appeals in any significant detail.
Some jurisdictions actually have measures in place to reduce so-called "frivolous" claims--particularly against licensed professionals--and require a plaintiff to file an "affidavit of merit" in support of such a lawsuit.
In March 2007, the Arkansas Supreme Court ruled it was unconstitutional to require that an "affidavit of merit" be filed within 30 days of filing a medical malpractice lawsuit for a case to move forward.
The trial court denied a motion to dismiss the Hills' claims on the basis that they were medical claims and the complaint was unaccompanied by an affidavit of merit as required by Ohio law.
Her complaint was accompanied by an affidavit of merit from Dr.
Some of the plan's features--such as damages caps, limits on attorney fees, and a requirement that plaintiffs supply an "affidavit of merit" from a doctor supporting their claim--are proposals the AMA has repeatedly put forward, with limited success.