The Civil Rules Committee has issued amendments to Pa R.C.P.1042.1 et seq. governing professional liability actions. The changes are generally unfavorable to the defense, although needed clarity is provided in some areas. The net effect is to enlarge the time plaintiffs have to file their Certificates of Merit (“CoM”) and to now require defendants to give a 30 day advance notice of intent to seek non pros judgment on CoM grounds.
The most important change is that “new rule 1042.6a requires a defendant is give a 30 day Notice of Intention to file a Praecipe for a Judgment of Non Pros for failure to file a Certificate of Merit. … The new rule retains the basic 60-day period for the filing of a Certificate of Merit under present practice since the notice may be filed no earlier than the 31st day after the filing of a Complaint and the Judgment may not be filed earlier than 30 days after the filing of a Notice” (Explanatory Comment 3).
New Rule 1042.6c now provides that once notice of intention to seek Judgment of Non Pros has been filed, the plaintiff may file a motion asking for the Court’s determination as to whether or not a Certificate of Merit is actually required. The filing of such a Motion tolls the time period within which a Certificate of Merit must be filed, until the Court rules upon the Motion.
This Rule applies to claims asserted by or on behalf of a patient or client of the licensed professional as well as a business entity responsible for such licensed professionals. Claims for lack of informed consent are specifically included within the Rule.
A new Certificate of Merit is required in situations involving a joinder or cross-claim only when such claims are based on allegations unrelated to the acts of negligence which formed the basis for the claim against the joining/cross-claiming defendant.
The New Rule was effective June 16, 2008
Questions concerning these Rule Revisions may be directed to:
Evan Black at 717-441-7051 or eblack@tthlaw.com or
Shawn P. Phillips at 610-332-7011 or sphillips@tthlaw.com