Gross McGinley LLP

gross-headerimg-2
Blog Disclaimer

Blog Disclaimer

This Blog is intended for educational and informational purposes and intended to only provide you with a general understanding of the law, not to provide any legal advice, including on the subject of the Blog. Laws that may pertain to this Blog will vary by jurisdiction, and the information on this blog may not apply to you. The content within this Blog is not intended, and should not be construed, in any way to be legal advice and thus you should not rely on any information provided in the Blog as legal advice. You should consult with appropriate legal counsel concerning any issues for which legal advice may be needed. Your review or use of the Blog and the content therein is not intended to create, and does not constitute, an attorney-client relationship. Please contact us if you have any questions about a Blog or would like more information, but, by contacting us, no attorney-client relationship is formed between you and Gross McGinley, LLP, including the Blog author. Do not send any confidential information to Gross McGinley, LLP or the authors of the Blog without first speaking to one of our lawyers and receiving our permission to provide confidential information. Unsolicited confidential information sent to us may not be subject to an attorney-client privilege and may not be treated as confidential. This Blog is not published for advertising or solicitation purposes. Gross McGinley, LLP disclaims all liability to all persons for any claim, loss, liability or any damages that may arise in connection with the Blog and any content or information contained in the Blog. Even though we strive to create our Blog content based on our current understanding of the law, we cannot and do not guarantee that the content and information in the Blog is current, accurate, or complete. Gross McGinley, LLP owns the copyright in the Blog, which is protected by federal and state laws, including copyright laws. The Blog cannot be altered or modified in any way. A copy of the Blog may be used and printed only for personal, educational, informational and noncommercial purposes. The Blog cannot be used for any other purpose without the express permission of Gross McGinley, LLP.

Change to Pennsylvania Legislation Requiring Certificates of Merit in Professional Liability Cases

Written by: Kimberly G. Krupka on May 10, 2013 | Category: Blog | Tags:

In Pennsylvania, a change has been instituted regarding 2003 legislation requiring Plaintiffs to file a Certificate of Merit in cases alleging professional liability.  These would be cases against individuals such as a health care provider, accountant, architect, chiropractor, dentist, engineer, land surveyor, attorney or veterinarian.  The original legislation stated that the Certificate was to be filed 60 days after the filing of a Complaint, whether it be against a doctor, or other licensed professional.  This one-page document states that the Plaintiff has a written statement from a licensed professional who indicates that there is a reasonable probability that the service or care received by the Plaintiff, from the Defendant, fell outside of acceptable professional standards and caused harm. The purpose of the Certificate of Merit is to eliminate cases lacking merit and reduce the overall costs associated with professional negligence litigation.

As of May 1, 2013, this law has changed as applied to pro se Plaintiffs (those advocating on their own behalf, rather than being represented by a lawyer).  Now, Certificates of Merit signed by non-attorneys (pro se Plaintiffs) must be accompanied by the actual written statement of the licensed professional.  Previously, pro se Plaintiffs weren’t required to produce said documentation, or at least not until litigation had ended.  This change allows a Defendant sued by a pro se Plaintiff to review the professional’s written statement and ensure that it complies with the requirements of Rules.  The change is anticipated to permit Defendants to challenge cases in which pro se Plaintiffs misunderstand the requirements and have not actually obtained a written statement from an appropriate professional.

Next Previous
View All Attorneys
View All Practice Areas
View Blog