Smaller Plaintiffs Firms Benefiting From Others' Selectivity
Giosa noted that "the larger firms, instead of holding onto a case for a while, have to go out and get an expert opinion. If they get an opinion they don't like, they'll now refer it, whereas in the past they would hang on to it for a while."
However, Ginsburg said that the certificate of merit has not greatly changed the number of cases referred to or accepted by firms across the board.
"Those cases are too technical and expensive to take on the fly," he said. "We've never gotten involved in any medical or nursing home case where we haven't already run it by an expert. In the cases where the experts don't like them, we don't pursue them."
Meyers added that it has always been common practice to consult experts before proceeding with a case; however, the number of medical malpractice cases overall has been reduced because of the certificate of merit.
"There has been an impact of the certificate of merit rule," Meyers said. "I think it has eliminated many cases that never should have been filed, because they were filed by lawyers who had little experience in those cases."