Medical Professional Liability Board Certification by the ABPLA

To become Board Certified in Medical Professional Liability by the American Board of Professional Liability Attorneys (ABPLA), an attorney must meet the following requirements:

1. Admission & Good Standing

   • The applicant must provide evidence of current admission and good standing in at least one state or territory of the United States or the District of Columbia.

2. Legal Practice Requirement

   • The attorney must have actively practiced in the area of professional liability law for at least five (5) years prior to applying.

3. Substantial Involvement

   • The applicant must demonstrate substantial involvement in Medical Professional Liability by dedicating at least 25% of their practice to litigating cases in this field for three (3) consecutive years immediately preceding the application.

4. Trial & Arbitration Experience

   • The applicant must have significant trial experience, demonstrated by:
     a. Lead Counsel Experience: Participation as lead counsel in at least 12 contested civil matters that proceeded to trial or arbitration, involving testimonial evidence and submission to a fact-finder.
     b. Medical Professional Liability Trials: Of these 12 contested matters, at least three (3) must be jury trials specifically involving Medical Professional Liability claims.

5. Additional Case Involvement

   • The attorney must have participated in at least 20 additional contested Medical Professional Liability matters, appearing as named counsel and conducting testimony for a party.

6. Recent Trial or Litigation Involvement (within three years prior to application)

   • The applicant must meet one (1) of the following four (4) criteria:
     a. Trial Days: Participation in at least five (5) days of trial, taking testimony in Medical Professional Liability cases (each trial day = 6+ hours).
     b. Resolved Cases: Resolution of three (3) contested Medical Professional Liability cases through jury trial, non-jury trial, arbitration, or settlement, where the applicant was named counsel and took testimony.
     c. Legal Performances: Participation in at least 24 qualifying performances, which may include:

     • Arbitration proceedings where the applicant took testimony.

     • Depositions.

     • Hearings where oral arguments or testimony were presented by the applicant.
       (Performances may be from the same contested matter.)
       d. Combination of Experience: A mix of trial days, resolved cases, or qualifying performances, demonstrating substantial involvement in Medical Professional Liability, as determined by the ABPLA Board of Governors’ Standards Committee.

7. Writing Sample Submission

   • The applicant must submit a writing sample such as a memorandum of law or appellate brief, demonstrating legal writing proficiency in Medical Professional Liability. The submission must be a substantial portion written by the applicant.

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.