Breslin v. Powell

At issue in this medical malpractice action was a requirement of the Healthcare Malpractice Claims Act (HCMCA) that a plaintiff in a medical malpractice action file a proper Certificate of Merit (Certificate), and whether, in this case, Respondent's filing of a Certificate that did not meet the requirements of Code Ann. Cts. & Jud. Proc. 3-2A-02 required dismissal, without prejudice, of the underlying claim rather than the grant of summary judgment to Petitioner. Here the circuit court granted summary judgment in favor of Petitioner. The court of special appeals reversed, holding that because Respondent filed a Certificate of an expert that did not meet the requirements of section 3-2A-02, dismissal without prejudice of the underlying claim was required. On appeal, Petitioner argued that because Respondent's attesting expert was not qualified to attest to the standard of care allegedly breached by Petitioner, summary judgment was proper. The Court of Appeals affirmed, holding that the plain language of the HCMCA was clear and required dismissal without prejudice of the underlying claim for the filing of a non-compliant Certificate, regardless of the particular qualification or requirement the Certificate or its attestor failed to meet. View "Breslin v. Powell" on Justia Law