IMS supports Certificate of Merit

Posted February 27, 2008

The Iowa Medical Society is once again supporting a bill in the Iowa Legislature that would help ensure that only medical malpractice cases with merit proceed to trial. This bill would require a plaintiff's attorney to find a medical expert to review a case before it's filed. The expert then files a "certificate of merit" that states that the facts of a case have been examined and there is merit to allegations that inappropriate care was given.

Certificate of Merit Talking Points and brochure:

1. A Certificate of Merit bill is common sense legislation that already is in place almost 25 states across the country.
   
   
2. It's a procedural tool that requires an impartial medical expert to review the facts of a case before a lawsuit is filed and state if the care provided by the physician failed to meet the appropriate standard of care.
   
   This upfront vetting or inspection helps weed out lawsuits that have no merit before they go to trial. COM simply allows an early examination of the facts of a case prior to a lawsuit being filed.
   
   
3. A Certificate of Merit improves the litigation climate in Iowa by making sure that only cases where there is a reasonable expectation that the standard of care was not followed are taken to trial.
   
   This does nothing to limit the right of patients to sue and collect damages if they are harmed by medical negligence. The Iowa Medical Society has always believed that patients with a legitimate case should have their day in court. Through our work with some of the leading trial attorneys in Iowa, we discovered that COM would not add an additional burden or cost to a plaintiff's case. Lawyers with experience in this type of litigation advised us that they would not feel hindered by a COM law. COM may require lawyers with limited experience in trying medical liability to change their practices.
   
   
4. Most importantly, a Certificate of Merit is good public policy. It saves valuable time and money and leads to quicker resolution and settlement for the patient.
   
   Our core purpose as a medical society is: "To assure the highest quality health care in Iowa through our role as physician and patient advocate." Patients who are injured need a process that gives them reasonable expectations about the outcome, and a Certificate of Merit helps ensure that a case has merit before it goes to trial. It's good, common sense public policy.