As a plaintiff in a medical malpractice lawsuit, you will most likely be required to submit what is called a “certificate of merit.” So, what is a certificate of merit?
Also referred to as an affidavit of merit or offer of proof, a certificate of merit is a statement from an independent medical expert backing up your claims about your illness or injury. Many states use it as a method of reducing the number of illegitimate medical malpractice cases.
The certificate of merit is the official acknowledgement by a qualified physician that they have reviewed the plaintiff’s medical records and that, in their opinion, the defendant’s treatment of the plaintiff was negligent. The certificate of merit is a vital requirement for a valid medical malpractice lawsuit.
The report will contain:
There are also state-specific requirements in this area. In Philadelphia, the rules around certificates of merit are set out by Rule 1042.3 of the Pennsylvania Code. Its provisions include:
It is not possible to bring a medical malpractice case in front of the courts in Pennsylvania without a valid certificate of merit. While a court may offer an extension to the 60-day time limit in some circumstances, it might also decide to throw out your case on the basis of your failure to submit a valid certificate within the specified time frame.
A certificate might be rejected for various reasons, including late submission, omission of important details by the physician, or some inconsistency in the report.
To ensure your certificate of merit is accepted without issue, you should consider consulting with an attorney before completing the filing process. Your lawyer will be able to provide guidance on best practices and highlight potential pitfalls.
In Pennsylvania, the law does not require the physician who works on a certificate of merit to appear in court to provide testimony, though it does often make sense to call them as a witness.
Depending on the circumstances of your case, you may well need additional testimony from experts in various medical fields. For example, if you’re the victim of an instance of malpractice that causes several different injuries, you may need doctors who specialize in each of the relevant fields to put forth the strongest possible case.
Your lawyer may recommend other forms of expert testimony to strengthen your case as well. If the symptoms you’ve developed have negatively impacted your ability to work and you want to sue for lost earnings, you may need to consult an occupational expert who will be able to independently verify the effect your injuries have had on your working life.
When it comes to your certificate of merit, the ideal physician’s qualifications should align closely with your medical issues. In other words, they should have expertise in the same medical field as the health care provider you are suing. So, if your case involves a surgical error, the consulting physician should be an experienced surgeon, preferably with a background in the same type of surgery.
Your chosen physician may need to give testimony in court, so you should try to pick someone who is not only knowledgeable, but also has the ability to communicate complex medical concepts clearly and effectively to a lay audience, like a jury.
If you need help picking the most suitable doctor for the job, you can consult with your attorney on the matter.
Medical malpractice lawsuits are lengthy, and they tend to pose more challenges than the average personal injury case. If you believe you’ve suffered an injury due to medical malpractice, you’ll need a law firm that’s equipped to help you get the best possible result.
Contact The Cochran Firm Philadelphia today to discuss your options. You can reach us via our online contact form or over the phone at 800-969-4400.
