Wednesday, January 27, 2016

Which states require "certificate of merit" in order to bring a malpractice claim? -- UPDATED

Many states require an “affidavit of merit” in order for a plaintiff to bring a malpractice claim (medical or legal).  The blog Professional Liability Matters has prepared this 50 state survey-table with the relevant information.

One interesting question to ask is whether a claim against a professional for a different cause of action, such as a breach of fiduciary duty or an intentional tort, would require the use of a certificate of merit.  Some courts have held that it would not.

UPDATE (1/27/16):   In relation to the last point above, here is the most recent development.  Just a few days ago, in Perez v. Zagami, LLC, 2016 BL 7198, N.J. Super. Ct. App. Div., No. A-3268-14T2, 1/12/16, the court held that the New Jersey statute that requires malpractice plaintiffs to file an affidavit of merit attesting to the viability of the complaint doesn't apply to a lawsuit accusing an attorney of malicious use of process.  For more on the case go here.

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