Seeking justice after being harmed by a medical professional either due to a missed diagnosis or incorrect medical procedure, or even being prescribed the wrong medication can feel like an uphill battle. Whether it’s you or your loved one who suffered injury due to the negligence of a health professional, you may think that the very presence of an injury or surgical complication prequalifies you for compensation, no questions asked. However, the law is fraught with procedural hurdles that may seem unfair and exhausting, but the reality is that these hurdles may serve the role of ensuring that every medical malpractice suit brought forward is legitimate and has legs to stand on.

Therefore, a document known as a certificate of merit is usually required when for all claimant seeking to bring forth a claim against a medical professional alleging that their negligent actions or failure to act within a set standard of care was the proximate cause of their injuries or health complications.

At McCready Law, we believe that everyone who suffers health complications due to the erroneous and preventable actions of a health professional should be provided with the right to justice; in this post, we shall examine what a certificate of merit is, what it includes and highlight the strategies we use in order to secure compensation if you got injured by a doctor, surgeon, nurse or any other health professional – read on to find out more.

Are you looking for the best countrywide injury lawyer? Please call us NOW at (314) 481-63338 to learn more about your legal options for justice and compensation. The experienced injury lawyers at McCready Law bring to the table over 90 YEARS of stellar legal experience, where we’ve helped tens of thousands of injured individuals seek compensation after getting injured by the negligent actions of other individuals or large corporations.

Over the decades, we’ve been able to recover over $260 million in compensation for our clients and counting, and our massive success can be attributed to a number of factors such as personally handling all claims from start to finish; by contrast, most law firms simply hand over claims to legal assistants or paralegals who may not have the litigation or case law experience to assess and process a claim, something you will find in most law firms who favor processing claims fast at the expense of the client and the outcome.

We also work with top, nationwide experts in the medical, forensic science, accident reconstruction, and accounting fields to come up with a case replete with objective evidence that demonstrates causality or fault that can stand up to scrutiny, helping raise the chances of you getting the maximum allowable compensation by law. We’re also not afraid to litigate, having experience in the same as well as the resources and expertise to take a case to court and win – other law firms simply engage the insurance company in fast negotiations, which usually end in the client getting shortchanged and receiving a paltry settlement.

In addition to running a bilingual firm (hablamos Español), we take on all claims on a contingency fee basis, and what this means is that there are ZERO UPFRONT FEES for the duration of the processing of the claim, as we only levy our fees at the end of the suit, and only if we’ve recovered compensation on your behalf. If you or a loved one got injured due to the negligent actions of another party, please give us a call NOW at (314) 481-63338 to learn more about your legal options for justice and compensation – our intake team is standing by.

Certificate of Merit – What You Need to Know

A certificate of merit, put simply, is a document produced by an expert attesting to the fact that your claim is valid, given your injuries. This sworn statement is given by a qualified medical professional who will state that the healthcare provider in question deviated from the accepted standard of care. This certificate must be filed in court and in tandem with the lawsuit, or within a very short timeframe of submitting your complaint. This document, in essence, unlocks the courthouse doors so you can walk through and plead your case.

Why was the Certificate of Merit Introduced in Medical Malpractice Claims?

The certificate of merit was created due to the oftentimes litigious environment associated with the medical industry, where hospitals, doctors, and insurance companies alleged unfair targeting by frivolous lawsuits. These parties alleged that frivolous suits without merit drove up malpractice insurance premiums and created a situation where doctors ended up practicing “defensive medicine” such as ordering procedures or tests that were unnecessary just to protect themselves from being sued.

Certificate of Merit law was passed to effectuate the following:

1. Separate legitimate lawsuits from frivolous ones, whereby the act of requiring an expert opinion from the outset ensures that a medical malpractice claim has legs to stand on
2. Protect medical professionals by making it that much more difficult for them to be sued without having a peer review the suit at a preliminary stage
3. Reduction of legal costs where litigation costs are driven down as meritless claims do not get to see the light of day

Certificate of Merit Challenges as the Injured Party

A certificate of merit has its challenges from the perspective of you, the claimant or injured individual. Specifically, you are required to file said certificate within 60 days of filing the lawsuit which may seem unreasonable, but it is a procedural, inflexible requirement. Should you file even one day late, your claim will most likely be dismissed with prejudice which means you are permanently barred from refiling said lawsuit.

The issue with such a deadline is that finding an expert takes tie since you must make sure they possess the qualifications to review your case and provide a sworn statement; it is not uncommon to go looking for weeks or even months and then send them the relevant medical records and then receive a formal medical opinion.

In addition, gathering medical records from doctors, clinics and hospitals can be a slow and arduous affair, which can then lengthen your time with regard to filing the certificate of merit. In addition, medical malpractice claims are assigned a statute of limitations which is a set time within which you must file your lawsuit.

Best Nationwide Medical Malpractice Injury Attorneys – Call Us Today!

At McCready Law, we understand that time is of the essence when it comes to medical malpractice lawsuits; because of this, we ensure that once you make contact, we perform an immediate case review in order to determine its validity. We also have access to a large network of qualified and well-regarded medical experts who can be consulted to write this document on your behalf.

Lastly, we expedite medical record collection via our dedicated team of paralegals and legal assistants so we have enough time to file everything. If you suffered medical complications after a medical or surgical procedure, got diagnosed incorrectly or after too much time has passed, or were prescribed the wrong medication or dosage leading to the worsening of your health condition, please reach out to us NOW at (314) 481-63338 to learn more about your legal options for justice and compensation. We take on clients nationwide, and your first consultation is 100% FREE. Thanks for choosing McCready Law, and we look forward to helping you.