Pennsylvania Certificate of Merit in Medical Malpractice Lawsuits
What is a certificate of merit? Do I have to have one to file a malpractice lawsuit in Pennsylvania?
In 2003, the Pennsylvania State Supreme Court approved a rule that now requires your attorney to obtain a Certificate of Merit before a you can file a professional negligence medical malpractice lawsuit.
A Certificate of Merit is a sworn statement from another medical professional who practices in the same field of medicine, or one that is substantially similar to that of the doctor being accused of malpractice. The statement must say that the “expert” believes there was some issue with your care or medical procedures that was not in accordance with what would be considered acceptable standards.
Pennsylvania law does allow you to file an initial complaint for a medical malpractice lawsuit without a Certificate of Merit attached, however, your attorney must still file a Certificate of Merit within 60 days after filing your initial complaint. If your attorney does not obtain a Certificate of Merit then your case cannot go to trial and it will be dismissed.
A Certificate of Merit Must be Obtained From Qualified Medical Professional
It is also important that the Certificate of Merit be from another doctor who is qualified to make a statement. For example, in eye surgery malpractice, a Certificate of Merit could not be from a pediatrician, or general practitioner. It must be written by another ophthalmologist or surgeon who is qualified to make judgments about your particular procedure.
You must also file your initial complaint within the statutes of limitations for Pennsylvania.
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