Pa. Supreme Court: no merit, no lawsuit

Harrisburg, Pa.-The state Supreme Court of Pennsylvania has changed its rules on professional liability lawsuits that may ultimately reduce the number of malpractice suits filed in the state.

In the ruling, Chief Justice Ralph Cappy ordered that people and theirattorneys who wish to file malpractice suits - whether accusing veterinarians,doctors, architects or accountants - must first obtain a "certificateof merit."

The Pennsylvania ruling basically gives the nod to Federal Rule 11, saysDr. Lawrence Gerson, legislative chair of the Pennsylvania Veterinary MedicalAssociation (PVMA). That rule, in essence, states that a federal judge hasthe right to order anyone who files a trivial lawsuit to pay all the courtcosts.

Gerson, who questions the true impact of such a ruling on veterinarians,recently spoke to PVMA's lobbyist, George Wolfe.

"I asked whether this would really affect veterinary medicine,"says Gerson.

Without a doubt, Wolfe told him, arguing "it will stop some of thesefrivolous lawsuits."

Gerson says he realizes the benefit to veterinarians to a degree.

"If you had a horse and I neutered the wrong horse, we took thebreeding rights away from another animal, you could sue me over that,"says Gerson. "But I'm not sure how often that occurs.

"If we get into trouble, it either goes to our peer review or tothe state board of veterinary medical examiners. I don't know of many veterinarianswho have actually been sued over liability damages on professional liability,"he adds.

Nevertheless, should potential suits crop up, the certificate can saveveterinarians the hassle and time involved in court cases.

The court says the certificate is needed to show that "there existsa reasonable probability that the care, skill or knowledge exercised felloutside acceptable professional standards and that such conduct was a causein bringing about the harm."

Bottom line: no certificate, no lawsuit.

To obtain the certificate in Pennsylvania, one must have an "appropriatelicensed professional" fill out the paperwork.

Currently, 16 states have adopted the certificate of merit requirement.The verdict is still out, sources say, as to their long-term effectiveness.