What is involved in the claim and litigation process?
Documents filed with the court are known as pleadings. A Writ of Summons or a Complaint is an initial pleading. A Writ of Summons is usually a one-page document notifying you of a lawsuit. A Complaint provides more detail and generally sets forth the factual background of the claim and the allegations of negligence as to the care provided. Either document may serve as notification that you are being sued. Under current Pennsylvania law, a “Certificate of Merit” must be filed within 60 days of the filing of the Complaint. The Certificate of Merit is a verification that the plaintiff’s attorney has had the case reviewed by the appropriate licensed professional who has determined that a potentially valid malpractice claim exists. If a Certificate of Merit is not filed in a timely manner, the case could be dismissed. When a suit is filed, PMSLIC will assign defense counsel to represent your interests in the case. One of the first actions taken in the litigation process is to prepare a resp
