Q: Do I need to have an expert witness certify that the case has merit prior to serving a medical malpractice lawsuit?

A: In most medical malpractice cases, the plaintiff must have a certificate of merit from a qualified expert that the defendant breached the standard of care and that the breach of the standard of care caused the claimed injury. The plaintiff must have a certificate of merit prior to requesting service of the lawsuit upon the defendant. A certificate of merit is not required when the plaintiff has a good faith belief that expert testimony is not necessary because the defendant's negligence clearly lies within the jury's common knowledge and experience. With the requirement that a plaintiff obtain a certificate of merit, it is very important that victims of medical malpractice hire an attorney promptly so the attorney will have ample time to thoroughly investigate the case and obtain the necessary expert certification. For more information about filing certificates of merit, please read the "Medical Malpractice Legislation Update" in our Library authored by Josh Silverman.