October 05, 2004

Reader Len Ferrucci, M.D., of New Canaan, Ct. writes, in response to yesterday's post:

Connecticut has a requirement for a certificate of merit before a malpractice lawsuit can be filed. The law has no teeth because a doctor does not have to sign an affidavit. A plaintiff's attorney merely as to sign a certificate of good faith stating he obtained a certificate of merit. Not only does the lawyer not have to reveal the name of the expert, the certificate of merit does no have to be revealed.

Under a new law passed by the legislature, but later vetoed by former Gov. Rowland, a judge could review the certificate of merit if the defendant objected to the certificate. If the judge ruled the certificate was inadequate, the plaintiff would have another chance to submit a new one. The only problem was the defendant wouldn't have, under any circumstance, access to the certificate he objected to.