Going to a doctor can be a nerve-wracking experience, but on the whole, you probably expect competent, careful treatment. Most of the time, that’s what you get. Unfortunately, there are occasions when doctors or medical teams make mistakes. They may neglect to go through the standard procedures, fail to take your symptoms seriously, or provide substandard care.
When this leads to a serious or even lasting injury, the results can be devastating for the victim and their family. Not only do they all have to deal with the physical injury and trauma, but they must also manage mounting medical bills, lost income, and uncertainty about the future.
According to a 2024 publication in the National Library of Medicine, “Medical errors have more recently been recognized as a serious public health problem, reported as the third leading cause of death in the U.S. One study reported that approximately 400,000 hospitalized patients experience preventable harm each year, while another estimated that >200,000 patient deaths annually were due to preventable medical errors.”
At Shapiro, Washburn & Sharp, we have guided Virginia families through these challenges for decades. Our attorneys understand the legal hurdles that make medical malpractice cases different from other types of personal injury claims. We have earned national recognition for our work, including AV Preeminent® ratings from Martindale-Hubbell, the highest peer rating standard for legal ability and ethics.
One of the most critical requirements in Virginia medical malpractice cases is obtaining what’s known as a Certificate of Merit. Understanding what this certificate is, why it exists, and how it affects your case is essential for anyone considering a medical malpractice claim.
If you need help today, we encourage you to reach out to our Virginia Beach Medical Malpractice Lawyers at 833-997-1774 for a free consultation. Meanwhile, here’s what you need to know about Virginia’s certificate of merit requirement in medical malpractice cases.
What is a Certificate of Merit?
Under Virginia law, before you can formally serve a legal claim on a healthcare provider, you have to get a Certificate of Merit. Under Virginia Code 8.01-20.1, plaintiffs in medical malpractice cases have to obtain this certificate before serving the lawsuit on the defendant healthcare provider.
This certificate is a written opinion from a qualified medical expert stating that, after reviewing the medical records and facts of the case, it is their professional opinion that the provider deviated from the applicable standard of care, and that this deviation caused the patient’s injury.
You don’t have to have this certificate to file the lawsuit, but you can’t serve the lawsuit against the defendant(s) until you have the certificate. If you don’t get it in time, you can face penalties, including dismissal of the case.
Why Does Virginia Require This Certificate?
Virginia lawmakers created this law to make sure that any malpractice claims filed are grounded in medical science rather than speculation. In other words, a patient unhappy with the outcome of their care can’t simply blame the doctor or hospital without support from a qualified expert who confirms that, yes, there was a breach of the standard of care here, which resulted in an injury.
The Virginia statute also sets deadlines. Once a defendant files an answer to the lawsuit, the plaintiff has 21 days to certify in writing that the expert opinion has already been obtained when service was requested.
What Does a Certificate of Merit Include?
A valid Certificate of Merit in Virginia must include certain elements to comply with legal requirements. Overall, it must be a written opinion signed by a qualified expert witness. The expert’s opinion must clearly state that they believe the defendant breached the standard of care and that this breach was the proximate cause of the injury. The expert must also clearly identify each defendant mentioned in the certificate.
The opinion itself is not filed with the court. Instead, the plaintiff’s attorney holds it and confirms its existence through a certification. The expert who prepares it doesn’t have to be the same as the one who later testifies, and their identity usually remains undiscoverable unless they are later designated as a witness. Virginia law specifically protects the identity of the certifying expert.
The defendants aren’t allowed to find out who it is, what that person’s qualifications are, or the nature of their opinions, unless the plaintiff chooses to identify them as a testifying expert. This type of protection allows experts to give their honest opinions without having to worry about retaliation or being drawn into lengthy litigation.
How Does the Certificate of Merit Affect the Outcome of a Medical Malpractice Case?
For patients, the Certificate of Merit serves as an early safeguard, ensuring that the case has a legitimate medical foundation. For defense lawyers, it is a tool to challenge claims that don’t meet the statute’s requirements.
At the same time, the certificate can strengthen a plaintiff’s case. It shows from the outside that a medical professional has carefully reviewed the records and believes there was a harmful breach of the standard of care. This can encourage settlement discussion and give the case weight as it moves forward.
How a Medical Malpractice Attorney Can Help
At Shapiro, Washburn & Sharp, our attorneys have established relationships with highly qualified medical experts across numerous specialties. We know which ones are respected in their fields and who understand Virginia’s legal standards, and will be able to provide us with credible, thorough opinions. We will handle the entire process for you, from gathering and organizing medical records to presenting the facts clearly.
Beyond securing the certificate of merit, our firm will represent you throughout the medical malpractice litigation process. We are committed to holding negligent healthcare providers accountable, as we did for the family of a client who died because of medical malpractice. We helped negotiate a $1.3 million settlement on behalf of the beneficiaries.
If you or a loved one suffered because of medical malpractice, contact us right away. Our offices are located in Virginia Beach, Norfolk, Portsmouth, Suffolk, Hampton, and Chesapeake.