Where a medical malpractice defendant has dual board certifications, must the plaintiff’s affidavit of merit be from a doctor who is also board certified in the same two disciplines? No, said the ...

The Court’s decision in Berk v. Choy resolves a circuit split and adopts the approach the Fourth Circuit has had in place since 2021. About half of U.S. states have enacted affidavit-of-merit (or ...

More than half of the US states require the filing of an affidavit or a certificate of merit as a prerequisite to advancing a professional malpractice or liability claim. Failure to submit the ...

Justices Frown on Adding 'Affidavit' Requirement to Malpractice Cases in Federal Court The U.S. Supreme Court appeared reluctant to require medical malpractice plaintiffs to comply with state ...