MCL 600.2912d requires an affidavit signed by a health professional whom the plaintiff’s attorney reasonably believes meets the expert-witness requirements in MCL 600.2169. This means the expert’s specialty and professional activity can matter.
Why the affidavit matters before filing
The affidavit requirement is one reason a serious malpractice case cannot be responsibly assembled at the last minute. Counsel needs enough records and expert review to frame the allegations and satisfy procedural requirements before the limitations period closes.
Frequently Asked Questions
Who signs the affidavit of merit?
A health professional signs it, and the plaintiff’s attorney must reasonably believe the professional meets Michigan’s expert-witness requirements.
What does the affidavit address?
It generally addresses the applicable standard of care, the opinion that the standard was breached, what should have been done and how the breach caused the injury.