4 Questions to Ask Your Attorney-Client Before Tackling an Affidavit
Writing an affidavit for medical malpractice cases is just one more thing you can do as a Certified Legal Nurse Consultant. An affidavit is a voluntary written declaration of fact given under oath and sworn as true, usually before a notary public or officer of the court. An affidavit may also be called a letter of merit, affidavit of merit, declaration of merit, certificate of review or verified written medical expert opinion.
An attorney might ask for an affidavit even before suit is filed. Several states require an affidavit stating that a reasonable probability exists that the standard of care was breached. Many states require the affidavit to be prepared and sworn by someone licensed in the same profession or specialty as the person who allegedly committed the breach. Some states also require an affidavit that addresses causation. Note that causation issues must usually be addressed by an MD.
Before you write an affidavit, clarify these 4 questions with the attorney:
Discuss the purpose of the affidavit.
For example, are you being asked to only address the deviations from the standards of care or to state that in all reasonable medical probability the deviations caused the claimed injury?
Identify whether you will be expected to testify in deposition and/or trial.
Other attorneys may not want to reveal who their experts are at the time a case is filed, and will use you only to prepare and file the affidavit.
Determine whether a standard format is required.
Frequently, an affidavit contains standard “boilerplate” language that your attorney-client will provide. Knowing the language up-front eliminates another step later.
Establish the items the attorney wants included.
Does the attorney want you to include a statement identifying your qualifications, the information you reviewed to formulate your opinions and the actual opinions? Your opinions may include general or specific deviations from the standards of care and should include a statement that the opinions may change if additional information becomes available. Keep the affidavit brief.
After you have drafted your affidavit, the attorney may revise it based on the legal purpose of the affidavit. Do not sign an affidavit until you have reviewed the attorney’s changes. Read the final version carefully before you sign it to ensure it accurately reflects your qualifications and declaration of the facts.
I’m Just Sayin’
P.S.Comment here to share additional questions you ask your attorney-clients before tackling affidavits.
One thought on “4 Questions to Ask Your Attorney-Client Before Tackling an Affidavit”
Wow! Thank you so much for the information. Ironically, I was recently asked to write an “Affidavit of Merit.” This blog post and its information will be put to very good use. Thank you again for opening the door for myself and many other nurses allowing us to use our talents in such a rewarding way!
As it has been stated, “as one door closes, another will open!” This statement describes so many lives that have been forever changed by tragic events in their lives, or simply changing careers.
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*The opinions and statements made by Vickie Milazzo, the founder of Medical-Legal Consulting Institute, Inc. are based on her experiences and expertise, should not be applied beyond the specific context provided, and do not guaranty or project actual results. Vickie Milazzo is no longer involved in the operations or management of the business, but is involved as an independent education consultant.
Wow! Thank you so much for the information. Ironically, I was recently asked to write an “Affidavit of Merit.” This blog post and its information will be put to very good use. Thank you again for opening the door for myself and many other nurses allowing us to use our talents in such a rewarding way!
As it has been stated, “as one door closes, another will open!” This statement describes so many lives that have been forever changed by tragic events in their lives, or simply changing careers.
Best wishes to all.