What are the requirements for obtaining a medical malpractice certificate in the United States?
British Columbia, Canada
The following excerpt is from Hoy v. Medtronic, 2001 BCSC 1343 (CanLII):
The remaining American authorities relied on by the defendants denied certification because the potential plaintiffs did not meet one of the first four requirements. However, the cases did go on to say that even if the first four requirements could be satisfied, certification would be denied in any event because the individual issues overwhelmed the common issues. See: Rall v. Medtronic, Inc., No. CV-S-84-741-LDG, 1986 WL 22271 (D. Nev. Oct. 15, 1986); Seider v. Medtronic, Inc., supra.
"The most advanced legal research software ever built."
The above passage should not be considered legal advice. Reliable answers to complex legal questions require comprehensive research memos. To learn more visit www.alexi.com.
Other Questions
What is the current state of the law on medical malpractice claims against the medical profession for failure to warn? (British Columbia, Canada)
Does the entire agreement clause in a medical malpractice case apply to all medical malpractices? (British Columbia, Canada)
What is the duty of disclosure of medical malpractice in medical malpractices? (British Columbia, Canada)
How has the BCSC treated records of medical malpractice in medical malpractices? (British Columbia, Canada)
What is the test for obtaining a medical malpractice certificate? (British Columbia, Canada)
What is the standard of disclosure required by the Canadian Medical Association in medical malpractice cases? (British Columbia, Canada)
Is it necessary for a plaintiff to advance a future cost of care claim, in a medical malpractice action, to have a physician testify to the medical necessity of each and every item of care? (British Columbia, Canada)
What is the current state of the law in Canada when it comes to requiring a medical report? (British Columbia, Canada)
What is the standard of professional competence required to produce expert evidence in a medical malpractice case? (British Columbia, Canada)
What is the current state of the law on medical justification for medical expenses in personal injury cases? (British Columbia, Canada)
