The first affidavit must be served upon the defendant with the pleadings (unless waived or modified by the court), and must state that “the facts of the case have been reviewed by the party’s attorney with an expert whose qualifications provide a reasonable expectation that the expert’s opinions could be admissible at trial and that, in the opinion of this expert, the defendant deviated from the applicable standard of care and by that action caused injury to the plaintiff.” Minn. Stat. 544.42, subd.
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