Bowman v. Concepcion
August 5, 2020
A medical malpractice plaintiff who does not attempt to serve a defendant in order to comply with statutory expert certification requirements does not have good cause to delay service beyond a year. The Supreme Court held that the trial court did not err in requiring plaintiff to show that she had exercised due diligence in attempting to prosecute her action. Plaintiff’s efforts to obtain a certificate from an expert witness prior to service did not constitute due diligence in regards to her failure to perfect service. The Supreme Court explained that plaintiff was not without procedural remedy, as she could have simply suffered a nonsuit.