Before even considering entering the realm of plaintiff’s malpractice litigation, it is imperative to become intimately familiar with your jurisdiction’s malpractice law, including certificates of merit, affidavits of merit and the like.
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Some jurisdictions, New Jersey being one example, include provisions of the affidavit of merit statute which addresses situations where a defendant fails to produce a medical record, despite a legitimate request which has been made by certified mail.
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Do not ever take a statue of limitations determination for granted prior to a full evaluation of a claim. Very often, issues, which appear to be beyond the statue of limitations, are not.
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In any nursing negligence claim, it is advisable to retain a nurse – who is not necessarily the ultimate expert in the case – to provide a detailed timeline to examine all claims and all sites of alleged negligence or manifestation of injury to determine the proper players in the case.
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