In Virginia, a Certificate of Merit is a crucial document that must be filed as part of the legal process in a medical malpractice case. The certificate is designed to ensure that the plaintiff’s claims are supported by credible expert opinion before the case proceeds to litigation. This requirement filters out frivolous lawsuits and ensures that there is sufficient evidence to back up allegations of medical negligence.
By requiring a Certificate of Merit, Virginia law seeks to protect healthcare professionals from unnecessary legal battles while still providing injured patients a pathway for legitimate claims. This document must be signed by a qualified medical expert who attests that there is a reasonable basis for the malpractice claim.
If you’ve suffered an injury or illness because of medical negligence, call Shapiro, Washburn & Sharp at 833-997-1774 to schedule a free consultation to learn more about your legal rights and options for seeking justice and maximum compensation.
What Does a Certificate of Merit Include in a Medical Malpractice Case?
A Certificate of Merit in a Virginia medical malpractice case includes a statement from a qualified medical expert asserting that, based on their expertise, the medical care in question fell below the accepted standard and caused harm to the patient.
This document must specify the qualifications of the expert providing the opinion, demonstrating their professional experience in the relevant field of medicine. The certificate also briefly outlines the reasons why the expert believes the defendant’s actions (or inaction) constitute negligence.
It is important to note that the Certificate of Merit is not a detailed report on the entire case but rather an assertion that the case has merit and warrants further examination. Without this certificate, the court will likely dismiss the case.
When Must a Certificate of Merit Be Filed in a Virginia Medical Malpractice Case?
A Certificate of Merit must be filed within 90 days of the plaintiff filing the medical malpractice lawsuit. This timeframe is crucial as it allows the defendant sufficient notice that a qualified expert’s opinion supports the plaintiff’s case.
The 90-day period is meant to prevent prolonged legal proceedings without proper expert backing and ensure that the plaintiff is serious about pursuing the claim. If the Certificate of Merit is not filed within this timeframe, the court may dismiss the case without further proceedings. However, the plaintiff may request an extension if there is good cause, such as difficulty securing an expert opinion, but this extension is granted at the court’s discretion.
How Does the Certificate of Merit Impact the Outcome of a Malpractice Case?
The Certificate of Merit can significantly impact the outcome of a Virginia medical malpractice case by indicating whether the case is likely to proceed. If the certificate is not filed, the court will likely dismiss the case, which can devastate the plaintiff’s ability to recover damages. On the other hand, if the certificate is filed, the case can move forward and be properly examined with expert testimony backing up the claim.
The Certificate of Merit helps streamline the process by ensuring that only valid claims are pursued, saving both time and resources for the court, the medical professionals, and the patients involved. If the case moves forward after the certificate is filed, the medical expert’s opinion can serve as a foundation for the plaintiff’s case and may strongly influence settlement negotiations or the trial outcome.
Why Choose Shapiro, Washburn & Sharp?
At Shapiro, Washburn & Sharp, we have decades of experience representing clients in medical malpractice cases. As a trusted medical malpractice law firm, we are committed to holding negligent doctors and healthcare providers accountable for their actions. We represent our clients on a contingency-fee basis, meaning you won’t pay any legal fees unless we win your case.
Contact our office today at 833-997-1774 for a free consultation. We are ready to help you understand your legal options and ensure that your rights are protected.