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Last updated: 11 février 2026

An Affidavit of Merit is a specialized document primarily used in medical malpractice or professional negligence lawsuits.

Many states require a plaintiff to file this affidavit early in the case to prevent frivolous lawsuits against doctors, engineers, or architects.

It serves as a screening mechanism to ensure the case has a valid basis.

In this affidavit, a qualified expert (usually another doctor or professional in the same field) swears that they have reviewed the case records and believe there is a "reasonable probability" that the defendant's conduct fell below the acceptable standard of care.

Without this sworn expert opinion, the court may dismiss the case entirely.

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