How is medical malpractice litigation different from other personal injury cases?
In any medical malpractice case, the plaintiff’s attorney must attach to the complaint an affidavit stating that (a) he has consulted with an expert who has practiced or taught in the same area of medicine that is at issue; (b) the expert is qualified by experience or demonstrated competence in the subject of the case; and (c) the expert has determined in a sworn affidavit, after review of the medical record and other relevant material, that there is a reasonable and meritorious cause for the filing of such action.
