In Virginia, a certificate of merit is an essential requirement in medical malpractice cases. It is a document that must be filed alongside the complaint when a plaintiff is pursuing a claim against a healthcare provider for medical negligence. The certificate serves as evidence that the plaintiff’s claim has been reviewed by a qualified medical expert who can attest that sufficient evidence supports the allegation of malpractice. This requirement helps prevent frivolous lawsuits and ensures that only cases with a reasonable basis proceed to trial.
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 Is A Certificate Of Merit In A Medical Malpractice Case In Virginia?
A certificate of merit in Virginia is a document that a plaintiff must file in a medical malpractice case to confirm that a qualified medical expert has reviewed the case and believes there is sufficient merit to pursue the claim. The certificate is filed with the initial complaint and must be signed by a licensed medical professional who is competent in the specific area of medicine relevant to the case. The expert must state that the defendant healthcare provider’s actions deviated from the acceptable standard of care, resulting in harm to the patient. This certificate is required under Virginia Code Section 8.01-20.1 and is crucial for the case to move forward in court.
Why Is a Certificate of Merit Required in Virginia Medical Malpractice Cases?
The certificate of merit is required to prevent frivolous medical malpractice lawsuits and to ensure that the claims being brought before the court have a legitimate basis. Medical malpractice cases are complex, and the standard of care in healthcare can be difficult to understand without expert guidance. By requiring a certificate from a qualified medical professional, the law ensures that a credible expert has reviewed the case and believes that there is enough evidence to suggest that the healthcare provider’s actions may have caused harm. This step helps courts focus on valid claims while discouraging baseless lawsuits that can waste judicial resources.
Who Can Provide a Certificate Of Merit in Virginia?
In Virginia, the certificate of merit must be signed by a medical expert who is licensed and experienced in the same field of medicine as the healthcare provider involved in the case. For example, if the malpractice involves a surgical procedure, the expert should be a surgeon with experience in the relevant area of surgery. The expert does not have to be a Virginia resident but must be qualified to testify about the standard of care in the applicable medical field. It is important to note that the expert must review the facts of the case before providing their opinion, as the certificate requires a statement that the healthcare provider’s actions deviated from the accepted standard of care and caused harm to the patient.
What Happens If a Certificate Of Merit Is Not Filed in a Virginia Medical Malpractice Case?
If a certificate of merit is not filed alongside the complaint in a Virginia medical malpractice case, the case can be dismissed by the court. The certificate is a mandatory part of the filing process, and failing to include it can result in significant delays or outright dismissal of the case. The law is clear that the plaintiff must submit the certificate within a reasonable time frame—generally within 90 days of filing the lawsuit. If the plaintiff is unable to secure a certificate of merit from a qualified expert, they may face difficulties in moving forward with the case, and the court may decide that the claim is insufficient to proceed without expert backing.
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.