Medical Malpractice insurance companies often complain that there are frivolous lawsuits being brought, statewide. This is not a true statement, since in New Jersey a plaintiff in a medical malpractice lawsuit, who has been harmed by a doctor’s negligence, must provide something called an affidavit of merit by an medical expert. This affidavit must come from a doctor who practices the same exact specialty as the physician who committed the harm, and must state specific, pertinent medical records were reviewed, and that there exists a probability that the care rendered was not appropriate pursuant to the standard of care. This affidavit, along with the comprehensive review performed by the expert doctor, ensures that only true, genuine claims of malpractice are brought. So the next time you hear about “frivolous malpractice lawsuits” question the source; because no malpractice case can be filed without an expert witness who practices in the same exact field issuing an opinion that someone was, unfortunately, victimized by substandard care and attention.
Don’t hesitate. Don’t wonder. Don’t field questions from aggressive insurance companies. Contact Gill & Chamas, LLC today.