Ohio Supreme Court Rules on Certificate of Merit

 The Supreme Court of Ohio ruled, June 4, that when a plaintiff’s medical malpractice suit is dismissed for failure to attach a physician’s certificate of merit as required by Ohio Civil Rule 10(D)(2), the dismissal is “without prejudice” by operation of law.  

Applying that analysis to a Franklin County case, the court reversed an order granting summary judgment to a physician and reinstated a malpractice action that had been dismissed “with prejudice” (that is, in a way that barred the plaintiffs from refiling their claim) based on a previous Civ.R.10(D)(2) dismissal.  

The court’s 7-0 decision, authored by Justice Evelyn Lundberg Stratton, reversed a decision of the Tenth District court of Appeals.  Civ.R.10(D)(2) requires that in every lawsuit asserting a claim of medical malpractice, the plaintiff must submit to the court along with his or her complaint an “affidavit of merit” signed by a qualified physician.  The affidavit must attest that the doctor has examined the medical evidence, is familiar with the standard of care the plaintiff should have received, and believes that that standard of care was not met in the plaintiff’s case.  

The rule goes on to state that failure to include an affidavit of merit is grounds for the court to dismiss the plaintiff’s complaint, and specifies that a dismissal for that reason is a dismissal “other than on the merits,” which means the dismissal does not bar the plaintiff from later refiling the complaint with the required affidavit of merit, so long as the refiling is accomplished within the statutory time limit.

Printer-Friendly Version


2014 OOA
Member Census

  • FREE IT Services Checkup
  • Chance to win $100 Visa Gift Card
  • Access to other Members-only Benefits

Update Information Now

Contact Us

Call (855) 319-7828 today
to schedule a complimentary practice consultation.

An hour with our team could save you thousands of dollars!

Upcoming Events

 October 2018 
SMTWTFS
 123456
7
8910111213
14151617181920
21222324252627
28293031   
view all >>>