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New Rules on Certificates of Merit and Venue

In January 2003, the state Supreme Court affirmed new rules regarding certificates of merit and venue.

According to the new rules, the plaintiff's attorney must file a certificate of merit within 60 days of filing the complaint. The certificate must be signed by the attorney and state that an appropriate licensed professional has written a statement substantiating the claim that the defendant's conduct "fell outside acceptable professional standards and that such conduct was a cause in bringing about the harm." This rule applies to licensed professionals including accountants, architects, chiropractors, dentists, doctors, nurses, engineers, lawyers, etc. Attached are several pages of the relevant rule. The balance may be viewed at http://www.aopc.org/OpPosting/Supreme/out/382civ-5attach.pdf.

On the venue issue, the court affirmed Section 5101.1 of the Judicial Code, which was amended by Act 127 of 2002. Section 5101.1(b) states that, "notwithstanding any other provision to the contrary, a medical professional liability action may be brought against a health care provider for a medical professional liability claim only in the county in which the cause of action arose. The provision has been incorporated into Rule of Civil Procedure 1006 governing venue as new subdivision (a.1). Attached are several pages of the relevant rule. The balance may be viewed at http://www.aopc.org/OpPosting/Supreme/out/381civ-5attach.pdf

If you don't have the Acrobat reader, you can download it from Adobe at: www.adobe.com/products/acrobat/readstep.html

Posted: February 24, 2002

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