Supreme Court of Pennsylvania Addresses Certificates of Merit
The Pennsylvania Rules of Civil Procedure require a plaintiff to file a timely certificate of merit in any professional liability action, including a medical malpractice lawsuit, subject to dismissal of the action. We have seen a number of procedural issues come up in this context, and the legal landscape is developing.
One argument plaintiffs raise with some frequency in trying to revive a dismissed lawsuit is that the application of the rules was inequitable under the circumstances. The Supreme Court of Pennsylvania has weighed in on the issue and said that the certificate of merit rules are subject to equitable considerations so long as the rules' requirements are met. See Womer v. Hilliker, 908 A.2d 269 (Pa. 2006) (Justices Baer's dissent is here). At least substantial compliance is required, and where a plaintiff does nothing to comply with the rules, equitable considerations cannot save a claim. The court also said that serving an expert report upon a defendant, in and of itself, is not substantial compliance with the rules. Generally, we do not expect equitable considerations to save many dismissed lawsuits.
A plaintiff's compliance with the certificate of merit rules must be carefully evaluated. We can offer valuable assistance to our healthcare clients in this regard.
