United States Supreme Court Rules State Malpractice Certificates of Merit Are Not Required in Federal Court
The United States Supreme Court has issued an interesting decision in Berk v. Choy, holding that if a medical/dental malpractice case is brought in federal court, then state laws requiring a certificate of merit to file the malpractice case in state court do not apply and no certificate of merit is needed. New York, like Delaware, has such a certificate of merit law. The court opinion was nearly unanimous, with Justice Jackson filing a concurring opinion in the judgment. Of course, few medical/dental malpractice cases can be filed in federal court because it requires diversity jurisdiction – meaning that the health care provider and patient must be from different states. But it is possible and was in Berk v. Choy. The complete Court opinion can be read here: Berk v Choy US Supreme Court Opinion.
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