Citizens Allied for Pennsylvania Patients

 

 

Certificate of Merit Update
(As of May 2004)

In Summary:

bullet

Sixty days means sixty days unless an extension is filed within the sixty day period (Koken, Sieger, Helfrick, Hoover).

bullet

Rule is not intended to expand pre-trial discovery nor allow discovery of credentials of “appropriate licensed professional” (Frunzi, Speicher).

bullet

If the complaint does not state it is a professional liability action, preliminary objections must be raised or defendant waives the right to demand a certificate of merit (Schiebel, Herrman).

bullet

Prothonotary may not enter judgment of non pros if the certificate of merit has been filed before defendant files the Praecipe for Non Pros (Boyd, Helfrick).

bullet

Defendants must raise lack of certificate of merit or requirement is waived (Shinko, Boyd).

bullet

An expert report was acceptable to the court as a substitute for a certificate of merit (Riggleman).

bullet

There is some disagreement about the effective date (Shinko, Riggleman).

View Cases

 
       
    ©2004 Citizens Allied for Pennsylvania Patients. All rights reserved. Terms of Use.
The information provided on this Web site is intended to provide educational information on medical liability issues in Pennsylvania and is not legal advice. If you desire or need legal advice you should consult an attorney.