With heightened concern by medical professionals regarding the so-called frivolous nature of medical malpractice actions vis-à-vis their insurance premiums, coupled with the standard practice of essentially naming every doctor in the room of the claimed malpractice as a defendant, Pa.R.C.P. 1042.1 was enacted, requiring a ratification of a professional negligence complaint by another person qualified to do so.

A claim against a “licensed professional” requires a certificate of merit (COM). Specifically enumerated, an attorney is a licensed professional. In a legal malpractice action, the plaintiff must aver in his or her complaint that he or she is asserting a professional liability claim against this defendant.

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