Rule 1042.4 Responsive Pleading

If you are sued for professional malpractice in Pennsylvania, you have a set amount of time to file your response to the lawsuit. Normally, Rule 1026 gives you 20 days after being served with the complaint to respond.

However, the plaintiff in a malpractice case must also file a "certificate of merit," which is a document showing that a qualified expert believes the claim has a valid basis. If that certificate is served on you after the original complaint, your deadline to respond is extended. You get 20 days from when you receive the certificate, if that date is later than the original deadline.

This rule basically protects defendants by making sure they do not have to respond to a malpractice case before they know whether the plaintiff has expert support for their claim.