08.29.2017

Elements Of A Medical Malpractice Case – Certificate Of Merit

Incidents of medical malpractice occur every day in Pennsylvania. No matter what causes the injuries associated with any medical procedure or treatment, if such injuries could have been avoided by the use of the accepted standard of care, a person may be entitled to compensation.

Elements Of A Medical Malpractice Case - Certificate Of Merit Pennsylvania law requires the filing of a Certificate of Merit to protect medical professionals from unwarranted lawsuits. A Pennsylvania Rule of Procedure requires the timely filing of a Certificate of Merit either with a medical malpractice lawsuit or shortly after the lawsuit is filed. The certificate is filed by an attorney and any opposing party may file an objection to the certificate.

The expert witness must sign the Certificate of Merit and verify that, after reviewing the facts of the allegations, the expert believes that there is a basis to conclude that the care, skill or knowledge exercised by the professional in the treatment of the patient failed to achieve professional standards and was a cause in bringing harm to the patient. The underlying public policy of this requirement is to prevent the filing of frivolous lawsuits by having an expert review the case and certify its merits before it proceeds through litigation.

Filing a claim for medical malpractice requires a complicated and lengthy analysis as it necessitates the use of expert witnesses to review medical records such as X-Rays, medical charts, doctors’ notes, and any other documentation substantiating a claim. If you or a loved one has suffered any type of injury because of an accident or incident of medical malpractice, including surgical errors or negligence during pregnancy or childbirth, contact Attorney James Mundy at Powell Law (570) 961-0777. The consultation is FREE and you don’t pay anything unless we win.

 

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