Anonymous Affidavits of Merit
Approved by the ACEP Board of Directors June 2016
Affidavits of merit, generally provided by the
plaintiff’s expert witness, are required in some jurisdictions to assure
through this certification process that a legal case has a substantive basis
for filing. Their stated intent is to reduce the number of frivolous lawsuits.
Anonymous affidavits of merit are uncommon, however are being discussed in some regions.
Anonymous testimony, in any form, does not
permit confirmation of the expert’s qualifications, authoritative expertise or potential bias.
The American College of Emergency Physicians
(ACEP) opposes the admission of anonymous affidavits of merit in medical
malpractice litigation, and other judicial proceedings.