Victims of medical negligence in the Philadelphia area often face a steep uphill climb when seeking justice. If you need to file and pursue a medical malpractice lawsuit, you’ll need the advice and assistance of a Philadelphia medical malpractice attorney.
Medical malpractice claims in Pennsylvania must be accompanied by a Certificate of Merit, a document that acts as a gatekeeper for the court system. It ensures that only legitimate medical malpractice cases may proceed.
What Does a Certificate of Merit Tell the Court?
A Certificate of Merit confirms that an appropriate licensed professional has reviewed your medical records and determined there is a reasonable probability that the care and treatment you received fell below accepted professional standards and was the direct cause of your injury.
In Philadelphia’s hospitals and medical centers, mistakes sometimes have tragic consequences. When a doctor’s error results in a severe injury or a birth injury like cerebral palsy, a Certificate of Merit tells the court that your claim is not just an allegation but is backed by medical science.
What is the Deadline for Filing the Certificate of Merit?
Under Pennsylvania law, your Philadelphia medical malpractice lawyer must file the Certificate of Merit within 60 days of filing the initial malpractice claim. In many cases, a lawyer can consult medical experts and prepare a Certificate of Merit before a lawsuit even begins.
Failure to meet this deadline allows a defendant, such as a surgeon or a major hospital network, to file a “Judgment of Non Pros,” which essentially ends your case on a technicality. Your lawyer can prioritize obtaining medical records to ensure all deadlines are met.
Why Does Pennsylvania Require a Certificate of Merit?
Pennsylvania law aims to balance the rights of injured patients with the need to protect medical providers from meritless claims. By requiring a peer-review process early in the litigation, the state ensures that a neutral medical professional agrees that a mistake happened.
In most cases, the medical expert must be licensed in the same or a similar specialty as the purportedly negligent doctor. If a radiologist fails to diagnose a stroke that leads to permanent paralysis, a different radiologist must review the evidence.
This “peer-to-peer” validation is particularly important in high-stakes cases involving multiple defendants, such as a trucking company and a hospital, where insurance coverages may “double up” to address the sheer scale of the damages.
Who May Be Liable for Medical Malpractice?
Medical malpractice is rarely simple. An injury can result from a healthcare facility’s systemic failures and a doctor’s failure to communicate simultaneously. A Philadelphia medical malpractice lawyer can take action to hold all negligent parties accountable.
In some cases, a lawyer may file a claim against a physician for medical negligence while also suing the hospital for corporate negligence. Identifying all potentially liable parties increases medical malpractice victims’ ability to recover the compensation they need.
What Are the Different Types of Certificates of Merit?
Every medical malpractice claim is unique. Pennsylvania law allows for three different types of Certificates of Merit depending on the nature of the claim:
- Professional negligence: The most common type, where an expert confirms a deviation from the standard of care.
- Vicarious liability: This applies when a hospital is held responsible for the actions of an employee, such as a nurse or a resident.
- Expert testimony not required: In rare instances, a defendant’s negligence is so obvious that a layperson can understand it without an expert’s explanation.
Most cases involving surgical errors or misdiagnosis require the first two types of certifications. In the most catastrophic cases, such as a newborn left with a brain injury due to obstetrical negligence, the expertise of the reviewing physician can be a critical component of the case.
What Happens if the Certificate of Merit is Not Filed?
If the 60-day window passes and your attorney has not filed a Certificate of Merit, the defense can immediately move to dismiss the case. There are narrow exceptions, but Pennsylvania courts are generally strict. They expect plaintiffs to have their cases organized and ready.
Medical malpractice is not about minor bruises or temporary discomfort. It is about the families whose lives are shattered by preventable medical errors. The path to justice is paved with specific legal requirements.
Medical negligence victims may be compensated for lost wages, medical costs, pain, suffering, and related damages. Pennsylvania does not cap damages for pain and suffering in most medical malpractice cases, but the amount you recover will hinge on the details of the case.
How Should You Choose a Medical Malpractice Attorney?
In Pennsylvania, a medical negligence victim usually has two years from the date of the injury to initiate a medical malpractice claim, but it is important to act immediately, while the evidence and the recollections of any witnesses are still fresh.
With so many attorneys in the Philadelphia area, how should you select a Philadelphia medical malpractice attorney? Choose an attorney who prepares every case as if it is going to a jury.
This includes securing the right medical professionals to provide a rock-solid Certificate of Merit that can withstand the scrutiny of defense counsel and the court.
Let Messa Law Fight for the Justice You Need
The attorneys at Messa Law have secured substantial recoveries for clients in Pennsylvania and across the nation. We do not prepare cases to settle them. When we take a case involving a catastrophic injury, we do so with the intent to win at trial.
We understand the Philadelphia court system and the rigorous demands of Pennsylvania medical statutes. If you are living with the results of medical malpractice, you need a law firm that takes pride in providing professional, results-oriented service.
Contact Messa Law today by clicking Call Now for a free consultation and discuss your case with a professional who understands how to hold negligent medical providers accountable.
