Trial Court Refuses to Grant Plaintiff an Extension to Secure a Proper Certificate of Merit

In the case of Winters v. Patient First Pennsylvania Medical Group, No. 2024-03638-PL (C.P. Chester Co. Dec. 17, 2024 Binder, J.), the court denied a Plaintiff’s Motion for Additional Time to Provide a Certificate of Merit in support of a medical malpractice claim.

In this matter, the Plaintiff sued the Defendant medical providers relative to alleged negligence in prescribing certain medications to the Plaintiff’s minor daughter.

The court denied the Plaintiff’s Motion after finding that the Plaintiff failed to demonstrate good cause for an extension of time.

The Court noted that the Plaintiff’s counsel merely cited conflicting litigation and work demands.  Plaintiff's counsel also offered speculative reliance on his hope that the Plaintiff’s former physician would provide the necessary written statement. 

The court otherwise granted the Defendant’s Motion to Strike a Purported Certificate of Merit that the Plaintiff had previously produced. The court found that the previously provided written statement pursuant to Pa. R.C.P. 1042.3(e) was insufficient given that it was written by a pharmacist.

Anyone wishing to review a copy of this decision may click this LINK.


Source: The Legal Intelligencer Common Pleas Case Alert, www.Law.com (Aug. 14, 2025).