Pennsylvania has a rule that only applies to medical malpractice cases known as the certificate of merit requirement. Under 231 Pennsylvania Code Section 1042.3, the filing party or plaintiff’s attorney must file a signed certificate of merit. This certificate states that an appropriate licensed professional has given a written statement that there is a reasonable probability that the defendant fell outside of the acceptable professional standards of care and that this brought about the plaintiff’s harm.
The certificate of merit rule requires a statement made by an appropriate professional. In a birth injury case, this could be a doctor, OBGYN or another medical professional with relevant experience and expertise in pregnancy, labor or delivery. You or your lawyer must file the certificate of merit along with your initial complaint or within 60 days after you file your complaint. A Pennsylvania birth injury attorney can help you obtain and submit the written statement as well as the certificate of merit to initiate your lawsuit in New Castle.