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Certificates of Merit A certificate of merit is a statement from an appropriate licensed professional. This means that the professional must hold a medical license, and typically must be in an equal professional position as the defendant.
Under our Rules of Court, an affidavit of merit must not only contain facts constituting the movant's good and substantial defenses but must also state the nature and character of the fraud, accident, mistake or excusable negligence on which the motion for relief was based.
A certificate of merit is a document that the plaintiff's attorney files that is signed by an appropriate licensed professional. In it, the professional declares that he or she has reviewed the medical malpractice claim and that he or she believes that there is a reasonable probability that the defendant provided
You must respond to each numbered paragraph in the complaint and either admit the allegation, deny the allegation, or state that you do not have enough information to know whether the statement is true. In the area for Affirmative Defenses, you can list the facts which defend your action or inaction.
In 2003, the Pennsylvania State Supreme Court approved a new rule requiring attorneys to obtain a 'certificate of merit' from a medical professional establishing that the medical work in the case fell outside acceptable standards.