Guest speaker, Insight Educational Services, «Pre-Action Access to Medical / Hospital Records: Evaluating
the Merits of the Malpractice Claim», (Toronto, Ontario) March 28, 1990
Not exact matches
The filing
of a certificate
of merit by your Louisville medical
malpractice lawyer is one
of the early steps in a medical
malpractice claim.
A certificate
of merit sets the basis for the case and allows further examination to be directed to resolve your medical
malpractice claim.
An attorney will also consult with medical experts who can provide an opinion on whether or not the doctor acted negligently (in fact, to even file a
malpractice claim in Pennsylvania, a Certificate
of Merit must be filed, which is a document that contains a physician's sworn testimony that, in their opinion, negligent more likely than not occurred).
Before you can file a medical
malpractice claim you will most likely have to file a certificate
of merit.
Moreover, the Michigan Supreme Court strictly interprets
malpractice law, including the sections governing the «affidavit
of merit» and the absolute deadline for filing a
malpractice claim.
You should never make a decision on the
merits of your
claim without the benefit
of competent legal advice from an attorney who concentrates in medical
malpractice and personal injury law.
In the first comprehensive appellate decision interpreting Pennsylvania Rule
of Civil Procedure 1042.3 - 1042.6, Pennsylvania's tort reform measure intended to increase the threshold
of merit for professional liability actions, the Pennsylvania Superior Court reversed the ruling
of the trial court and remanded for the entry
of judgment as a matter
of law in favor
of John's client, a physician, based upon the plaintiff's failure to file a certificate
of merit in support
of his medical
malpractice claim.
One thing to think about is having a loser pays approach follow some sort
of merits screening process as some states use for
malpractice cases, so that the loser pays approach would kick in if such a screening panel found no basis for the
claim.