A bad medical result doesn't necessarily mean you are the victim of malpractice. Sometimes even successful medical procedures end with a result worse than what was expected. Even with the best of care, things can go wrong. To be successful in a medical case, you must have an expert witness, who is a doctor in the same field as the doctor you are suing, testify and give a written report that the treating doctor deviated from the acceptable standard of care. In NJ, you need an expert’s written report that the treating doctor made a mistake within 60 days of filing of the lawsuit or you risk your case getting dismissed. This is called the “affidavit of merit” requirement.