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Suite 910
Philadelphia, PA 19102
215.569.0000
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One Oxford Centre
Suite 4300
Pittsburgh, PA 15219
412.255.3767
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Sentry Office Plaza
Suite 602
216 Haddon Ave.
Westmont, NJ 08108
856.858.9499
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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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