Federal Courts and the End of Affidavit Gatekeeping: What Berk v. Choy Means for Health Care Liability Litigation
This Bulletin is brought to you by AHLA’s Health Care Liability and Litigation Practice Group.
- March 10, 2026
- Michelle A. Meloche , Bartosiak Makepeace PC
- Molly J. Sheridan , Saint Louis University School of Law
Many states require plaintiffs alleging medical negligence to file an affidavit or certificate of merit from a qualified medical professional at or near the time of filing. These statutes are designed to deter frivolous claims and protect defendants from incurring significant litigation costs before expert review can confirm the preliminary viability of the allegations.
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