How About an Affidavit of a Meritorious Defense in Med Mal Cases?
The handling of malpractice cases would be much more efficient if defendants were required to provide an affidavit from a qualified expert early on in the case stating, under oath, that the treatment at issue complied with the standard of care.
May 14, 2021 at 11:00 AM
7 minute read
I have read a series of opinion articles authored by an employee of a small New Jersey medical malpractice insurance company who has proposed some truly bizarre ideas. For example, one proposal was a requirement that all medical malpractice defense lawyers, and only medical malpractice defense lawyers, be required to maintain $5 million in legal malpractice insurance. The author explained he was "shocked" to learn that some New Jersey medical malpractice defense firms "only carry $1 million of legal malpractice policy limits."
Most lawyers in the malpractice bar, both plaintiff and defense, were only mildly amused at this opinion, because this small insurance company does not offer any malpractice insurance policy to physicians with liability limits of more than $1 million! The proposal to mandate $5 million in malpractice coverage for this very small group of medical malpractice defense lawyers was not taken seriously, and was, by and large, ignored by the courts and the bar, negating any need to reply.
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