{ "name": "Medical malpractice certificate/affidavit of merit requirements by US state \u2014 quoted from the state statute or court rule", "description": "Most states require a plaintiff in a medical malpractice case to file something beyond an ordinary complaint \u2014 a sworn affidavit from a qualifying medical expert, a certificate that the plaintiff's attorney consulted one, or a hybrid of the two \u2014 confirming the claim was reviewed and has merit before the case can proceed. The document's name, who must sign it, the filing deadline and the consequence of missing it are all set by the individual state's own statute or court rule, and none of the four vary in lockstep: New Jersey requires an affidavit within 60 days after the defendant's answer is filed, Illinois and Georgia require it filed with the complaint itself, Nevada's statute states no deadline at all but dismisses any action filed without an affidavit, Arizona requires the affidavit not with the complaint but with the Rule 26.1 initial disclosures, Texas requires an expert report within 120 days after each defendant's answer, Ohio (a court rule, not a statute) requires the complaint to be accompanied by the affidavit, Pennsylvania (also a court rule) allows filing with the complaint or within 60 days after, Maryland requires a certificate within 90 days of the complaint filed with an administrative arbitration office rather than the court, and Colorado requires the plaintiff's attorney (not a medical expert) to certify within 60 days of service that an expert was consulted. A widely-cited free chart on this exact question (Expert Institute's 'Certificate/Affidavit of Merit by State') states in its own text that its state list is only 'representative' rather than exhaustive, and gives a filing deadline for only 6 states out of the roughly 20 it names \u2014 this asset instead states 10 states each against the actual statute or court rule text, with the requirement, the deadline, who must sign, and the stated consequence of non-compliance, each backed by a verbatim quote. States not covered here are omitted rather than guessed at. Answers 'does [state] require a certificate of merit for medical malpractice', 'affidavit of merit deadline in [state]', 'what happens if you don't file an affidavit of merit', 'who has to sign a medical malpractice certificate of merit'. A reference lookup, not legal advice \u2014 extensions, cure periods and exceptions (e.g. where the statute of limitations is about to run) exist in most of these statutes and the record quotes them where the source states them, but a specific case should be checked against the current text and against local counsel.", "url": "https://referencesource.org/medical-malpractice-certificate-of-merit-by-state/", "licence": "Each record quotes a short, attributed excerpt of the operative statute or court rule text \u2014 the requirement, deadline, signer qualification and consequence \u2014 linking back to the state's own legislature, code-revisor or court-rules site (or, where that site is JS-gated or blocks automated fetching, a well-established free legal-reference mirror that republishes the same public-domain government text). Facts about a filing deadline are not copyrightable (Feist, 1991) and no source page is reproduced in whole.", "last_verified": "2026-09-02", "stale_after": "2027-09-02", "sources": [ "https://www.azleg.gov/ars/12/02603.htm", "https://colorado.public.law/statutes/crs_13-20-602", "https://codes.findlaw.com/ga/title-9-civil-practice/ga-code-sect-9-11-9-1/", "https://www.ilga.gov/legislation/ilcs/fulltext.asp?DocName=073500050K2-622", "https://mgaleg.maryland.gov/mgawebsite/laws/StatuteText?article=gcj§ion=3-2A-04", "https://www.leg.state.nv.us/nrs/nrs-041a.html", "https://codes.findlaw.com/nj/title-2a-administration-of-civil-and-criminal-justice/nj-st-sect-2a-53a-27/", "https://codes.findlaw.com/nj/title-2a-administration-of-civil-and-criminal-justice/nj-st-sect-2a-53a-29/", "https://www.supremecourt.ohio.gov/LegalResources/Rules/civil/CivilProcedure.pdf", "https://www.pacode.com/secure/data/231/chapter1000/s1042.3.html", "https://www.pacode.com/secure/data/231/chapter1000/s1042.6.html", "https://texas.public.law/statutes/tex._civ._practice_&_remedies_code_section_74.351" ], "records": [ { "jurisdiction": "Arizona", "document_type": "preliminary expert opinion affidavit", "deadline": "with the initial disclosures that are required by rule 26.1, Arizona rules of civil procedure", "signer_qualification": "a person who is qualified by knowledge, skill, experience, training or education to express an opinion regarding a licensed health care professional\u2019s standard of care or liability for the claim", "consequence": "shall dismiss the claim against the health care professional or designated nonparty at fault without prejudice", "citation": "A.R.S. \u00a7 12-2603", "id": "arizona", "url": "https://referencesource.org/medical-malpractice-certificate-of-merit-by-state/arizona/", "source": "https://www.azleg.gov/ars/12/02603.htm", "source_quote": "the claimant shall serve a preliminary expert opinion affidavit with the initial disclosures that are required by rule 26.1, Arizona rules of civil procedure.", "verified_fields": [ "consequence", "deadline", "document_type", "signer_qualification" ], "derived_fields": [ "citation", "jurisdiction" ] }, { "jurisdiction": "Colorado", "document_type": "certificate of review", "deadline": "within sixty days after the service of the complaint, counterclaim, or cross claim against such person unless the court determines that a longer period is necessary for good cause shown", "signer_qualification": "the attorney for the plaintiff or complainant declaring: (I) That the attorney has consulted a person who has expertise in the area of the alleged negligent conduct", "consequence": "the dismissal of the complaint, counterclaim, or cross claim", "citation": "C.R.S. 13-20-602", "id": "colorado", "url": "https://referencesource.org/medical-malpractice-certificate-of-merit-by-state/colorado/", "source": "https://colorado.public.law/statutes/crs_13-20-602", "source_quote": "the plaintiff\u2019s or complainant\u2019s attorney shall file with the court a certificate of review for each acupuncturist or licensed professional named as a party, as specified in subsection (3) of this section, within sixty days after the service of the complaint, counterclaim, or cross claim against such person unless the court determines that a longer period is necessary for good cause shown.", "verified_fields": [ "consequence", "deadline", "document_type", "signer_qualification" ], "derived_fields": [ "citation", "jurisdiction" ] }, { "jurisdiction": "Georgia", "document_type": "affidavit of an expert competent to testify", "deadline": "file with the complaint", "signer_qualification": "an expert competent to testify", "consequence": "the complaint shall be dismissed for failure to state a claim", "citation": "\u00a7 9-11-9.1", "id": "georgia", "url": "https://referencesource.org/medical-malpractice-certificate-of-merit-by-state/georgia/", "source": "https://codes.findlaw.com/ga/title-9-civil-practice/ga-code-sect-9-11-9-1/", "source_quote": "The contemporaneous affidavit filing requirement pursuant to subsection (a) of this Code section shall not apply to any case in which the period of limitation will expire or there is a good faith basis to believe it will expire on any claim stated in the complaint within ten days of the date of filing the complaint and, because of time constraints, the plaintiff has alleged that an affidavit of an expert could not be prepared. In such cases, if the attorney for the plaintiff files with the complaint an affidavit in which the attorney swears or affirms that his or her law firm was not retained by the plaintiff more than 90 days prior to the expiration of the period of limitation on the plaintiff's claim or claims, the plaintiff shall have 45 days after the filing of the complaint to supplement the pleadings with the affidavit.", "verified_fields": [ "consequence", "deadline", "document_type", "signer_qualification" ], "derived_fields": [ "citation", "jurisdiction" ] }, { "jurisdiction": "Illinois", "document_type": "affidavit", "deadline": "attached to the original and all copies of the complaint", "signer_qualification": "the plaintiff's attorney or the plaintiff, if the plaintiff is proceeding pro se", "consequence": "grounds for dismissal under Section 2-619", "citation": "735 ILCS 5/2-622", "id": "illinois", "url": "https://referencesource.org/medical-malpractice-certificate-of-merit-by-state/illinois/", "source": "https://www.ilga.gov/legislation/ilcs/fulltext.asp?DocName=073500050K2-622", "source_quote": "a health professional who the affiant reasonably believes: (i) is knowledgeable in the relevant issues involved in the particular action; (ii) practices or has practiced within the last 6 years or teaches or has taught within the last 6 years in the same area of health care or medicine that is at issue in the particular action; and (iii) is qualified by experience or demonstrated competence in the subject of the case;", "verified_fields": [ "consequence", "deadline", "document_type", "signer_qualification" ], "derived_fields": [ "citation", "jurisdiction" ] }, { "jurisdiction": "Maryland", "document_type": "certificate of a qualified expert", "deadline": "within 90 days from the date of the complaint", "signer_qualification": "A health care provider who attests in a certificate of a qualified expert or who testifies in relation to a proceeding before an arbitration panel or a court concerning compliance with or departure from standards of care may not have devoted more than 25% of the expert\u2019s professional activities to activities that directly involve testimony in personal injury claims during the 12 months immediately before the date when the claim was first filed", "consequence": "shall be dismissed, without prejudice", "citation": "Md. Code, Cts. & Jud. Proc. \u00a7 3-2A-04", "id": "maryland", "url": "https://referencesource.org/medical-malpractice-certificate-of-merit-by-state/maryland/", "source": "https://mgaleg.maryland.gov/mgawebsite/laws/StatuteText?article=gcj§ion=3-2A-04", "source_quote": "A person having a claim against a health care provider for damage due to a medical injury shall file the claim with the Director and, if the claim is against a physician, the Director shall forward copies of the claim to the State Board of Physicians.", "verified_fields": [ "consequence", "deadline", "document_type", "signer_qualification" ], "derived_fields": [ "citation", "jurisdiction" ] }, { "jurisdiction": "Nevada", "document_type": "affidavit", "signer_qualification": "a medical expert who practices or has practiced in an area that is substantially similar to the type of practice engaged in at the time of the alleged professional negligence", "consequence": "the district court shall dismiss the action, without prejudice", "citation": "NRS 41A.071", "id": "nevada", "url": "https://referencesource.org/medical-malpractice-certificate-of-merit-by-state/nevada/", "source": "https://www.leg.state.nv.us/nrs/nrs-041a.html", "source_quote": "If an action for professional negligence is filed in the district court, the district court shall dismiss the action, without prejudice, if the action is filed without an affidavit that: 1. Supports the allegations contained in the action; 2. Is submitted by a medical expert who practices or has practiced in an area that is substantially similar to the type of practice engaged in at the time of the alleged professional negligence; 3. Identifies by name, or describes by conduct, each provider of health care who is alleged to be negligent; and 4. Sets forth factually a specific act or acts of alleged negligence separately as to each defendant in simple, concise and direct terms.", "verified_fields": [ "consequence", "document_type", "signer_qualification" ], "derived_fields": [ "citation", "jurisdiction" ] }, { "jurisdiction": "New Jersey", "document_type": "affidavit of an appropriate licensed person", "deadline": "within 60 days following the date of filing of the answer to the complaint by the defendant", "signer_qualification": "the person executing the affidavit shall meet the requirements of a person who provides expert testimony or executes an affidavit as set forth in section 7 of P.L.2004, c. 17 ( C.2A:53A-41 )", "consequence": "it shall be deemed a failure to state a cause of action", "citation": "N.J. Stat. \u00a7 2A:53A-27", "id": "new-jersey", "url": "https://referencesource.org/medical-malpractice-certificate-of-merit-by-state/new-jersey/", "source": "https://codes.findlaw.com/nj/title-2a-administration-of-civil-and-criminal-justice/nj-st-sect-2a-53a-27/", "source_quote": "In any action for damages for personal injuries, wrongful death or property damage resulting from an alleged act of malpractice or negligence by a licensed person in his profession or occupation, the plaintiff shall, within 60 days following the date of filing of the answer to the complaint by the defendant, provide each defendant with an affidavit of an appropriate licensed person that there exists a reasonable probability that the care, skill or knowledge exercised or exhibited in the treatment, practice or work that is the subject of the complaint, fell outside acceptable professional or occupational standards or treatment practices. The court may grant no more than one additional period, not to exceed 60 days, to file the affidavit pursuant to this section, upon a finding of good cause.", "verified_fields": [ "consequence", "deadline", "document_type", "signer_qualification" ], "derived_fields": [ "citation", "jurisdiction" ] }, { "jurisdiction": "Ohio", "document_type": "affidavits of merit", "deadline": "shall be accompanied by one or more affidavits of merit relative to each defendant named in the complaint", "signer_qualification": "an expert witness meeting the requirements of Evid.R. 702 and, if applicable, also meeting the requirements of Evid.R. 601(B)(5)", "consequence": "shall operate as a failure otherwise than on the merits", "citation": "Civ.R. 10(D)(2)", "id": "ohio", "url": "https://referencesource.org/medical-malpractice-certificate-of-merit-by-state/ohio/", "source": "https://www.supremecourt.ohio.gov/LegalResources/Rules/civil/CivilProcedure.pdf", "source_quote": "a complaint that contains a medical claim, dental claim, optometric claim, or chiropractic claim, as defined in R.C. 2305.113, shall be accompanied by one or more affidavits of merit relative to each defendant named in the complaint for whom expert testimony is necessary to establish liability.", "verified_fields": [ "consequence", "deadline", "document_type", "signer_qualification" ], "derived_fields": [ "citation", "jurisdiction" ] }, { "jurisdiction": "Pennsylvania", "document_type": "certificate of merit", "deadline": "shall file with the complaint or within sixty days after the filing of the complaint", "signer_qualification": "the attorney for the plaintiff, or the plaintiff if not represented", "consequence": "a judgment of non pros under Rule 1042.7(a)", "citation": "231 Pa. Code Rule 1042.3", "id": "pennsylvania", "url": "https://referencesource.org/medical-malpractice-certificate-of-merit-by-state/pennsylvania/", "source": "https://www.pacode.com/secure/data/231/chapter1000/s1042.3.html", "source_quote": "In any action based upon an allegation that a licensed professional deviated from an acceptable professional standard, the attorney for the plaintiff, or the plaintiff if not represented, shall file with the complaint or within sixty days after the filing of the complaint, a certificate of merit signed by the attorney or party that either", "verified_fields": [ "consequence", "deadline", "document_type", "signer_qualification" ], "derived_fields": [ "citation", "jurisdiction" ] }, { "jurisdiction": "Texas", "document_type": "expert report", "deadline": "not later than the 120th day after the date each defendant\u2019s original answer is filed", "signer_qualification": "an expert qualified to testify under the requirements of Section 74.401 (Qualifications of Expert Witness in Suit Against Physician)", "consequence": "dismisses the claim with respect to the physician or health care provider, with prejudice to the refiling of the claim", "citation": "Tex. Civ. Practice & Remedies Code Section 74.351", "id": "texas", "url": "https://referencesource.org/medical-malpractice-certificate-of-merit-by-state/texas/", "source": "https://texas.public.law/statutes/tex._civ._practice_&_remedies_code_section_74.351", "source_quote": "If, as to a defendant physician or health care provider, an expert report has not been served within the period specified by Subsection (a), the court, on the motion of the affected physician or health care provider, shall, subject to Subsection (c), enter an order that: (1) awards to the affected physician or health care provider reasonable attorney\u2019s fees and costs of court incurred by the physician or health care provider; and (2) dismisses the claim with respect to the physician or health care provider, with prejudice to the refiling of the claim.", "verified_fields": [ "consequence", "deadline", "document_type", "signer_qualification" ], "derived_fields": [ "citation", "jurisdiction" ] } ] }