Attorneys that apply for Board Certification in Legal Professional Liability or Medical Professional Liability must meet the following basic requirements:
When searching for an attorney qualified in medical malpractice cases, consider finding an attorney who has earned board certification in medical professional liability by the American Board of Professional Liability Attorneys.
In order for an attorney to become Board Certified in the area of Medical Professional Liability by the American Board of Professional Liability Attorneys, the applicant must:
1. furnish evidence of his or her current admission in good standing in one or more states or territories of the United States or the District of Columbia;
2. show that the attorney has spent at least the last five (5) years in the actual practice of his or specific area of professional liability law just prior to applying.
3. make a satisfactory showing of substantial involvement in Medical Professional Liability with at least twenty-five (25) percent of his or her time engaged in the litigation of this specific area of professional liability litigation in each of the three (3) years immediately preceding the filing of the application.
4. demonstrate substantial involvement by showing that within the applicant’s career he or she has:
5. Show involvement in the resolution of an an additional twenty (20) contested matters involving claims of Medical Professional Liability, where the applicant appeared as named counsel who took testimony for a party in the matter.
6. Show that within three (3) years prior to submission of the application for Medical Professional Liability certification, ONE of the following FOUR conditions must be met:
7. submit a writing sample consisting of a memorandum of law or brief to a trial or an appellate court a substantial portion of which was written by the applicant and involves issues within the area of Medical Professional Liability.
For purposes of the requirements of becoming board certified, the ABPLA defines Medical Professional Liability “case” or “claim” or “contested matter” to include actions for and against nursing homes, hospitals, pharmacies, physicians, dentists, nurses, and other recognized healthcare professionals and institutions.
The ABPLA rules define the term “performance” to include participation in contested professional liability matters in the specialty for which the applicant is applying. For purposes of the task requirements the term "performances" includes arbitration proceedings where the applicant takes testimony, depositions, or hearings at which either oral argument was made or testimony was taken by the applicant. Each “performance” required in the rules can be related to the same contested matter.