Defendants must comply with notice requirements for dismissing a medical malpractice case based on the lack of a certificate of merit.

This case also involves the issue of whether a medical malpractice claim could be dismissed due to the plaintiff’s failure to file certificates of merit.

The case involved various claims filed by an inmate against the defendant medical center, and only a portion of the case dealt with issues impacting health law. The plaintiff was receiving ophthalmological treatment at the medical center and underwent a procedure to correct his vision. Following the procedure, the plaintiff developed a cyst in his left eye, which allegedly burst.

After the plaintiff filed his complaint, the defendant sought to dismiss the malpractice claim because the plaintiff failed to file certificates of merit. However, the U.S. District Court disagreed. The court explained that the defendants failed to comply with the notice requirements for dismissing a case based on the lack of a certificate of merit. Under Pennsylvania Rule of Civil Procedure 1042.7, defendants may not seek dismissal of a malpractice claim based on a certificate of merit unless the defendants have provided 30 days' notice prior to seeking dismissal. In this case the defendant failed to provide this notice, therefore, the plaintiff’s case could not be dismissed on this basis.

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