October 04, 2004

More on the issue of anonymous case-certifying experts, last discussed here Jul. 26: "Illinois is one of 14 states that require a physician to sign a certificate of merit before a malpractice lawsuit can be filed. It is 1 of 5 states that does not require the disclosure of the name of the doctor signing the affidavit." ("Court ruling allows physicians to know accusers, but...", Contemporary Ob/Gyn, Sept. 1). Can anyone tell us what the other four states are with such a provision? Well, that was fast: our own Ted Frank writes to advise me that the correct answer is "Colorado, Delaware, Illinois, Missouri, New York. The Colorado provision seems to be ambiguous whether the court is permitted to disclose to the other side; I haven't looked at the other states closely. Illinois' provision clearly isn't ironclad anonymity, either."