Those who file a claim of medical malpractice or “medical professional liability” in West Virginia must first obtain what’s called a screening certificate of merit. This is a document signed under oath by a qualified medical provider.
West Virginia is one of a majority of states that require some type of certificate of merit to move forward with a medical malpractice case. All states have different requirements for these documents. Let’s take a brief look at West Virginia’s law.
What information needs to be included in the screening certificate of merit?
Under the law, the certificate must include the qualifications of the expert signing it and their “familiarity with the applicable standard of care at issue.” The expert must state their opinion on “how the applicable standard of care was breached” and how that breach “resulted in injury or death.” They must also list all medical records and other information they used during their review of the case.
There are some cases where a screening certificate of merit may not need to be submitted – for example, if the claim is “based upon a well-established legal theory of liability which does not require expert testimony supporting a breach of the applicable standard of care.” If a plaintiff and their attorney believe that, they need to file a statement explaining that with the court.
Who can sign a screening certificate of merit in West Virginia?
The law states that a person can only sign a screening certificate of merit if they are:
- Considered an expert according to West Virginia rules of evidence
- Currently licensed to practice medicine
- Experienced or trained in “diagnosing or treating injuries or conditions similar to those of the patient.”
The health care provider must also spend “60 percent of his or her professional time annually to the active clinical practice in his or her medical field or specialty, or to teaching in his or her medical field or specialty in an accredited university.”
If they meet those qualifications, they are presumed to be qualified to sign a screening certificate. In signing it, they also attest that they have no financial interest in the legal claim.
Once an expert is selected, they will need time to research the case and draw their conclusions. This needs to be taken into account when pursuing a malpractice claim. This is just one step in the process, which can be a long and complex one. Having experienced legal guidance throughout that process can help plaintiffs and their families navigate it and improve their chances of prevailing.
