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The Certificate of Merit: A Critical Hurdle in Pennsylvania Malpractice Cases

HomeBlogThe Certificate of Merit: A Critical Hurdle in Pennsylvania Malpractice Cases

Pennsylvania requires a special filing early in every malpractice case. Understanding it explains why these claims demand experienced counsel.

What the Certificate of Merit Is

Pennsylvania law requires plaintiffs in professional-liability cases, including medical malpractice, to file a 'certificate of merit' within 60 days of the complaint. It is a signed statement that a qualified professional has reviewed the case and believes the care fell outside acceptable standards.

Why It Exists

The requirement is designed to screen out meritless malpractice claims before they burden the courts and defendants. While it serves a purpose, it also creates a real procedural hurdle that requires lining up a qualified expert early, which takes time and resources.

Consequences of Getting It Wrong

Failing to file a proper certificate of merit on time can result in dismissal of the case, regardless of its underlying strength. This is one of several reasons malpractice claims should never be attempted without experienced representation.

What This Means for Patients

If you suspect medical negligence, the investigation needs to begin quickly so an expert review can be completed within the deadlines. A free case evaluation is the first step toward determining whether a claim has merit.

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This article is for general information only and is not legal advice. Laws change and every case is different. For advice about your specific situation, consult a licensed Pennsylvania attorney.

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