Fairfax Circuit Court Judge Jane Marum Roush has denied a medical malpractice defendant's request that the judge review a "certificate of merit" obtained by counsel for the plaintiff and has denied defendant's motion to dismiss a wrongful death lawsuit.
Archana Sunil Apte Jindal, M.D. is a defendant in a wrongful death lawsuit filed by the estate of Malekeh Javid. Javid died after undergoing a simple procedure at Fair Oaks Hospital.
Virginia law requires that a plaintiff obtain a "certificate of merit" before serving a medical malpractice defendant with suit papers. Jindal, through her counsel, had requested that Roush review the certificate of merit obtained by plaintiff's counsel prior to filing the lawsuit against Jindal.
A certificate of merit is required and establishes that the case has been reviewed by an appropriate expert prior to service of the case.
Jindal also sought dismissal of the action based on her supposition that the "certificate of merit" was deficient.
Roush denied the motion, finding tha the defendant had not shown "good cause" for review of the certificate of merit.
The case is The Estate of Javid v Hong Lim, M.D. et al. Fairfax Circuit Court 2014-8401. Trial is scheduled for the summer of 2015.