Free Consultation
(610) 667-7511
Free Consultation
(610) 667-7511
In many Pennsylvania medical malpractice lawsuits, a certificate of merit is required to show that the claim has support from an appropriate licensed professional.
Once the required professional support is obtained, the attorney can submit a certificate of merit to the court. In a typical case, the certificate reflects that an appropriate licensed professional has provided written support for a reasonable probability that the care fell outside acceptable professional standards and contributed to the patient’s harm. A certificate of merit does not mean the patient will win the case. Instead, it helps show that the professional liability claim has undergone the review required to proceed.
Certificates of Merit are required in many jurisdictions, including the ones in which Lowenthal & Abrams most frequently practices. In New Jersey these documents are called Affidavits of Merit.
Understanding the certificate of merit process can help patients see why medical malpractice cases often require careful record review before a lawsuit moves forward.
A certificate of merit is a court filing showing that an appropriate licensed professional has reviewed the claim and found a reasonable basis to support it. In a typical Pennsylvania case, an appropriate licensed professional reviews the circumstances and provides written support for a reasonable probability that the care fell outside acceptable professional standards and contributed to the patient’s harm.
Why does that matter? A poor medical outcome by itself does not establish malpractice. The certificate of merit requirement helps confirm that there is professional support for the claim before the litigation proceeds. It connects the legal case to an independent review of the medical care at issue.
In Pennsylvania, a certificate of merit generally must be filed with the complaint or within 60 days after the complaint is filed. The licensed professional who provides the supporting review does not have to be the same person who later testifies at trial.
Patients should not wait too long to speak with an attorney. Before a certificate can be filed, an attorney may need to obtain medical records, understand the treatment timeline, identify the appropriate type of medical professional to review the case, and arrange that review. Other filing deadlines may also apply. Speaking with an attorney earlier can provide more time to determine which requirements and deadlines apply to the particular circumstances.
When someone comes to us because they or a loved one may have been injured by medical negligence, the first thing we do is listen to what happened. Then, based on the circumstances, we evaluate whether there may be grounds for a claim.
Our team includes 17 attorneys, as well as a medical doctor and a nurse who can assist with the review of complex medical issues. If we believe the circumstances warrant further investigation, we request the relevant medical records and review them. If that review continues to raise concerns about the care provided, the next step may include obtaining the professional review needed for a certificate of merit.
Medical malpractice cases often require review and testimony from appropriately credentialed medical professionals.
Our next step may be to consult an appropriate licensed professional about the care involved in the claim. The reviewing professional must have appropriate qualifications to evaluate the care at issue and determine whether there is a reasonable basis to conclude that the applicable standard of care was not met and that the conduct contributed to the harm.
When the required written professional support is obtained, the attorney can file the certificate of merit with the court. The certificate itself is filed by the attorney; the supporting medical professional generally does not become the person filing the certificate.
The standard of care is generally the level of care a reasonably careful medical professional would provide under similar circumstances. When a doctor or another healthcare provider fails to meet that standard and the failure causes harm, the patient may have grounds to pursue a medical negligence claim.
A departure from the standard of care alone is generally not enough to establish malpractice. The patient must also be able to show that the failure caused an injury or other legally recognized harm.
Obtaining a certificate of merit does not mean you will win your case. It means the claim has met an important procedural requirement for moving forward.
The certificate generally reflects that appropriate professional review supports a reasonable probability that the care fell outside acceptable professional standards and contributed to the harm. For an action to be negligence, not only must the doctor have failed in his standard of care, you or your loved one must have suffered an injury due to that failure.
Medical malpractice law is one of the most complex areas of practice. It requires a knowledgeable attorney with a solid team backing them up, including medical professionals when their input is needed to understand the care at issue.
At Lowenthal & Abrams, we build our medical malpractice cases from day one with the possibility of trial in mind. Each piece of the case, from medical records to interrogatories, depositions, and other discovery, can play an important role in establishing what happened, whether the standard of care was met, and how the patient was harmed.
If you or a loved one suffered serious harm and believe a doctor, hospital, or other healthcare provider may have failed to provide appropriate care, pleasecontact Lowenthal & Abrams.
Our firm has represented injured clients since 1975 and serves clients in Pennsylvania, New Jersey, and New York. We can review the circumstances and help you understand whether a medical malpractice claim and certificate of merit requirement may apply.
The consultation is free. There is no upfront cost, and there is no fee unless you are compensated.
LOWENTHAL AND ABRAMS, P.C.
Contact us for a FREE consultation. No fee unless compensated.