01.29.2026Federal Pleading Standard Prevails: Berk v. Choy Clarifies Rule 8 Supremacy over State Affidavit RequirementsIn more than half of U.S. states, a plaintiff filing a medical malpractice action must submit an “affidavit of merit” or similar document at an early stage of the case. This document is typically an affidavit by a medical professional that the defendant’s actions fell below an acceptable professional standard of care or by the attorney confirming they consulted with such a professional(i). And in some states, including in New Jersey and Pennsylvania, this requirement applies beyond the medical profession to malpractice claims against any “licensed professional,” such as a lawyer(ii).
This website uses cookies for site operation, security and analytics purposes, as described in our Privacy Notice and Cookie Notice. By clicking Ok, you are agreeing to our use of cookies.
OK
