Chester County medical malpractice lawyer Michael T. Malarick has been helping the Chester County community with medical malpractice claims for over 30 years. As a trusted and experienced Chester County medical malpractice attorney, Michael Malarick will provide you with a free initial consultation to review your claim. Medical malpractice lawyer Michael Malarick and the Malarick Law Firm have a high success rate with medical malpractice claims and have won large settlements for their clients medical injuries. If you were injured due to medical malpractice in Chester County PA or a surrounding area in Pennsylvania, call our Chester County medical malpractice attorney today. Click-to-call 610-816-6683 today for a free initial malpractice consultation.
Chester County Medical Malpractice Lawyer: What Is The Certificate Of Merit Requirement?
If you are considering filing a medical malpractice claim in Chester County PA, or any other county within PA, you should be aware of the need for a Certificate of Merit and aware of the proper venue- or court- in which to bring your claim.
Pennsylvania law requires that a Certificate of Merit be filed with each medical malpractice lawsuit. The rule, 231 PA Code 1042.3, states that in any action (lawsuit) based on an allegation that a licensed professional deviated from an accepted professional standard, the plaintiff shall file with the complaint, or within 60 days, a certificate of merit signed by the plaintiff or plaintiff’s attorney, that states that an “appropriate licensed professional” has provided a written statement that there is a reasonable probability that the “care, skill, or knowledge” shown in your case fell outside of “acceptable professional standards” and that this “was a cause” in bringing about your harm or your damages. Call our Chester County medical malpractice lawyer today if you were injured or harmed.
The “appropriate licensed professional” who provides the written statement for the Certificate of Merit, does not have to be the same person who will testify at your trial. The “appropriate licensed professional” who provides the written statement for the Certificate of Merit must be an expert with sufficient education, training, and experience to provide credible, competent testimony as if that appropriate licensed professional would testify at your trial.
If your medical malpractice complaint alleges malpractice against more than one licensed professional then you must produce a Certificate of Merit against each licensed professional. For instance, if a surgeon, anesthesiologist, and nurse contributed to or caused your harm, you must obtain a Certificate of Merit for each of the licensed professional. However, if you allege “vicarious liability”, that is, that a single employer, such as a hospital, controlled the surgeon, anesthesiologist, or nurse, then you only need to obtain a single Certificate of Merit. Call today for our Chester County medical malpractice lawyer will provide you with a free initial consultation.
Finally, in an extreme situation, if the expert testimony of an appropriate licensed professional is not necessary to present your medical malpractice claim, then the Plaintiff or Plaintiff’s attorney can so certify. Again, these are rare situations as, for example, the wrong patient or wrong body part was operated on.
Chester County Medical Malpractice Attorney
If a Certificate of Merit is not filed, the court can dismiss your medical malpractice claim.
The Certificate of Merit requirement is meant to deter the filing of non-meritorious claims and to stop the filing of frivolous claims.
The Certificate of Merit requirement complicates the filing of a medical malpractice claim, especially when the Statue of Limitations deadline is near. Pennsylvania requires that a medical malpractice case be brought within 2 years after the negligence occurred. It is important to obtain the Certificate of Merit well within the 2 year Statute of Limitations. Call our Chester County malpractice lawyer today for a free initial consultation.
The Certificate of Merit requirement also makes a medical malpractice complaint more expensive to file. You will have to obtain your medical records in order that an appropriate licensed professional can review them and issue a written statement for the Certificate of Merit. Obtaining your medical records can be expensive. An appropriate licensed professional’s fee for reviewing your medical records can be substantial.
However, on a positive note, a Certificate of Merit will provide the plaintiff some peace of mind that an appropriate licensed professional agrees that medical malpractice occurred during your care. This may help both sides begin to see the value of your case. It does not, however, guarantee that you will win your medical malpractice claim.
Finally, the venue in which you file your medical malpractice lawsuit is another initial hurdle you must overcome. You can no longer file your medical malpractice claim in any county in PA that you choose. You MUST file your claim in the county where the malpractice occurred.
Contact Our Chester County Medical Malpractice Lawyer
If you were harmed or injured due to medical malpractice in Chester County, PA, call the Law Office of Michael T. Malarick today to speak with our Chester County medical malpractice lawyer today. We offer a free initial consultation and can help you recover damages from your medical injuries.
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