Verdicts

Explaining the new rules in Pennsylvania, Common Pleas Judge Mark I. Bernstein's opinion in Frunzi v. Muller, PICS Case No. 03-1573 (C.P. Philadelphia 10/25/03) emphasized that the identity and credentials of plaintiffs' experts certifying the validity of medical malpractice cases cannot be disclosed until 30 days after dismissal. This was the first reported case in Pennsylvania dealing with the new requirement, which went into effect January 27, that within 60 days of the filing of a professional liability action, a certificate of merit must be filed with the court containing a certification that a licensed professional has reviewed the plaintiff's case and found that there may have been a breach of professional standards that caused plaintiff harm.

Defendant's attorneys in Frunzi challenged the maintenance of confidentiality of the certifier's credentials, asserting that although the identity of the certifier might properly be kept hidden, his or her competence to certify could not be ascertained by defense without information on the certifier's credentials. But “neither the rule nor the commentary note provide any support for pretrial discovery concerning the identity or curriculum vitae of the author,” Bernstein wrote. However, if plaintiff later plans to call the certifying professional as a witness, the usual rules governing expert testimony apply.