certificate of merit Archives - Medical Malpractice Lawyers

Federal Appellate Court Affirms Dismissal Of Lawsuit Seeking Damages For Refusal To Provide Certificate Of Merit For Medical Malpractice Claim

June 17, 2025

Underlying Facts Harold Berk suffered a fall that resulted in a significant ankle injury. He alleged that he received deficient care while hospitalized in Delaware that exacerbated his ankle injury as well as pre-existing wounds on his legs. He subsequently obtained care from the Rothman Entities. T[...]

Kentucky Supreme Court Holds Medical Malpractice Plaintiff’s Failure To File Certificate Of Merit Fatal To Claim

May 13, 2024

The Supreme Court of Kentucky, in its opinion filed on February 15, 2024, held: “we hereby affirm the Court of Appeals’ holding that all claimants, whether represented by counsel or not, are required to file a certificate of merit and that Sanchez failed to do so. Additionally, this Court mu[...]

Pennsylvania Medical Malpractice Lawyer’s Failure To Timely Cure Shortcomings In Certificate Of Merit Dooms Claim

April 2, 2022

The Superior Court of Pennsylvania held in its non-precedential Memorandum decision filed on February 10, 2022 in a Pennsylvania medical malpractice case where the plaintiff’s certificates of merit required by Pa.R.C.P. 1042.3 completely omitted the confirmatory language required by Rule 1042.[...]

Vermont Supreme Court Affirms Dismissal Of Inmate’s Suicide Claim

October 13, 2021

The Vermont Supreme Court affirmed the dismissal of a Vermont lawsuit arising out of the suicide of an inmate in the custody of the Vermont Department of Corrections, holding: “It is undisputed that plaintiff failed to file a COM [certificate of merit required in medical malpractice claims] si[...]

Pennsylvania Appellate Court Rules Plaintiff’s Expert Was Qualified In Medical Malpractice Case

March 11, 2021

The Superior Court of Pennsylvania (“Pennsylvania Appellate Court”) concluded in its non-precedential Memorandum decision filed on January 22, 2021 that the plaintiff’s subsequent treating neurosurgeon was qualified to provide a certificate of merit in her medical malpractice case,[...]

New Jersey Appellate Court Applies Common Knowledge Exception To Revive Medical Malpractice Case

September 24, 2018

The Superior Court of New Jersey Appellate Division (“New Jersey Appellate Court”) decided in its opinion published on September 6, 2018 that the “common knowledge” exception relieved the New Jersey medical malpractice plaintiffs of the obligation to serve an affidavit of mer[...]

Report On Vermont’s Medical Malpractice Proposed Reforms

February 4, 2012

On January 30, 2012, the “Medical Malpractice Reforms Report and Proposal of the [Vermont] Secretary of Administration” (“Report”) was forwarded to the Vermont Legislature to address medical malpractice reform issues/proposals in Vermont. First, Some Vermont Medical Malpract[...]

Medical Malpractice Claims In West Virginia — Official Report

May 27, 2011

According to the State of West Virginia Medical Malpractice Report from November, 2009, medical malpractice insurance companies had an operating profit in West Virginia from 2004 through 2006 and again in 2008. As of 2009, West Virginia averaged 280 malpractice claims per year (down from 285 in 20[...]

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