Certificate of Merit in New York City Medical Malpractice Cases: What You Need to Know if You were Injured by Your Doctor
When a person is injured by their trusted doctor or medical team in New York City, they may wonder about all the things that they will need if they decide to pursue a medical malpractice case in court. Indeed, under New York medical malpractice laws, there are a number of elements that a plaintiff must prove in court, in order to recover compensation due to them in their case. In addition to the legal elements of medical malpractice under New York laws, however, there is another requirement that many New York City medical malpractice victims may not know about. This is called a Certificate of Merit, and it is critical to a New York City medical malpractice case. But what exactly is a Certificate of Merit in the context of a New York City medical malpractice case? To help victims of medical malpractice in New York City understand this important piece of a medical malpractice case puzzle, we discuss the ins-and-outs of the Certificate of Merit in a New York City medical malpractice case here.
New York State Medical Malpractice Laws and the Certificate of Merit Requirement
In New York City, initiating a medical malpractice lawsuit requires a medical malpractice victim to meet specific procedural requirements to ensure the legitimacy of the claim. A crucial part of this process is called a Certificate of Merit, which is essentially a document mandated by New York State medical malpractice laws to accompany the complaint (the initiating document) in medical malpractice lawsuits. Indeed, New York medical malpractice laws explicitly mandate the requirement of a Certificate of Merit in New York City medical malpractice cases. Under §3012-a of the New York Civil Practice Law and Rules, “In any action for medical, dental or podiatric
malpractice, the complaint shall be accompanied by a certificate, executed by the attorney for the plaintiff.” In sum, a New York City medical malpractice victim who wishes to pursue a case for compensation against the negligent doctors or medical professionals who injured them must obtain a Certificate of Merit for their case. A New York City medical malpractice attorney can review the Certificate of Merit to confirm that there is a reasonable basis to bring the claim in court, and that the claim is not meritless. The lawyer is required to consult a doctor to confirm the medical malpractice claims before signing a Certificate of Merit.
Finding an Experienced New York City Medical Malpractice Lawyer for Your Case
If you are in the New York City area and you believe that you were injured by your doctor, do not hesitate to speak with an experienced lawyer about your case today. The experienced New York City medical malpractice lawyers at the law firm of Michael Gunzburg, P.C. are here to help victims of medical malpractice in New York City get justice for their injuries and losses caused by negligent doctors and medical professionals. There is a limited time to file a claim, so do not wait. Contact Michael Gunzburg, P.C. and speak to a lawyer about your case now.
Source:
nysenate.gov/legislation/laws/CVP/3012-A
