Thursday, February 24, 2022

Superior Court Affirms Entry of Judgment Non Pros in Favor of Medical Malpractice Defendants Based Upon Deficient Language in Certificates of Merit

In the non-precedential decision by the Pennsylvania Superior Court in the case of Monger v. Encompass Health Rehab. Hosp. of Reading, LLC, No. 862 M.D.A. 2021 (Pa. Super. Feb. 10, 2022 Olson, J., Kunselman, J., and Pellegrini, J.) (Op. by Olson, J.), the court affirmed a trial court’s denial of a Plaintiff’s Motion to Open Judgments of Non Pros entered in favor of the medical malpractice Defendants which judgments were entered based upon Certificates of Merit that were found to be deficient, in part, with regards to the language that is statutorily required to be contained in such documents.

Anyone wishing to review this non-precedential Opinion may click this LINK.

I send thanks to Attorney Anthony J. Gabriel of the Camphill, PA office of Margolis Edelstein for bringing this decision to my attention.

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