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October 05, 2004
Anonymous experts: a reader writes
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.
Posted by Walter Olson at 12:22 AM
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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.