Anonymous Affidavits of Merit

Originally approved 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.

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