Board Certified in Medical Professional Liability

When searching for an attorney qualified in medical professional liability cases, consider finding an attorney who has earned board certification in medical professional liability by the American Board of Professional Liability Attorneys.

Attorneys that apply for Board Certification in Legal Professional Liability or Medical Professional Liability must meet the following basic requirements:

  • pass the ABPLA’s written examination in either Legal or Medical Professional Liability;
  • complete a minimum of 36 hours of continuing legal education (CLE) in Legal or Medical Professional Liability within the last three years, or met the CLE requirements of the attorney's State Bar, whichever is greater; and
  • provide 10 references including 5 judges or 5 attorneys who practice in Legal or Medical Professional Liability.
Additional requirement apply depending on whether the attorney is seeking board certification in the field of medical or legal professional liability.

Requirements for Board Certification in Medical Professional Liability

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:

a. Participated as lead counsel in not less than twelve (12) civil contested matters, which went to trial or arbitration (not necessarily Medical Professional Liability trials or arbitrations) and where testimonial evidence was presented and the matters were submitted to the fact finder.

b. Of the twelve (12) contested matters required in section (6.1) above, three (3) must involve Medical Professional Liability jury trials and each shall have been submitted to a jury.

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:

a. Five (5) days of trial (taking testimony) involving claims of Medical Professional Liability (a day is six or more hours).

b. Resolution by jury or non-jury trial or by arbitration or by settlement of three (3) contested and litigated Medical Professional Liability matters where the applicant appeared as named counsel who took testimony for a party.

c. Participation in twenty-four (24) performances. Performances include 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 herein can be related to the same contested matter.

d. A combination of trial days, resolved matters, or performances (see definitions) which demonstrate substantial involvement in Medical Professional Liability as determined by the ABPLA Board Of Governors’ Standards Committee.

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.

Definitions for Task Requirements of the ABPLA

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.