Malpractice a case study; Del. lawyers, doctors split over ‘affidavits of merit’

“Since October 2003, any person claiming to be the victim of medical negligence must submit an affidavit from a qualified medical expert stating that there are reasonable grounds to believe that a defendant has been negligent.”

This seems to be working in reducing the amount of frivolous lawsuits in Delaware.

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  • The aggressive progressive

    New Jersey has a system that requires medical certification by an independent third party doc before a civil suit can proceed. It’s been very effective in getting the bogus cases out of the system. While running for state legislature here in Pennsylvania I argued for such a system instead of caps, as caps have failed to reduce med mal insurance rates.

  • Anonymous

    Illinois has the same requirement that a plaintiff submit a certificate of merit with his complaint that must be executed by a licensed MD (although the MD’s name doesn’t have to be disclosed and s/he doesn’t have to be licensed in Illinois.) However, it hasn’t put even the smallest of dents in the medmal crisis here. I don’t know if Delaware has a stricter requirement for these certificatations than Illinois does, perhaps that would explain the discrepency.

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