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What Is An "Affidavit of Merit" And Why Is It Necessary For Medical Malpractices Cases?

New Jersey, along with many other states, has passed legislation requiring that a patient bringing suit against a doctor in the State of New Jersey present an Affidavit of Merit, or “AOM.” An AOM is a sworn statement from another physician with the same background, training and experience as the defendant physician stating that there is a reasonable probability that the defendant did not meet the standard of care. Without an AOM, the Plaintiff’s case will be dismissed 120 days after the Defendant files his Answer. The purpose of the AOM law is to assure early on in the course of the litigation that there is probable merit to the Plaintiff’s medical malpractice Complaint.

The AOM requirement has made bringing a medical malpractice action more expensive and more complex. Here at Levinson Axelrod, we have a Board Certified physician on staff to help us evaluate the facts of your medical malpractice action and engage the appropriate expert physician to support your case. Whether your potential case involves medical malpractice, nursing home neglect or abuse or a defective medical product, we can assist you to evaluate your claim.


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