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In a malpractice case, why do we need an expert to review my case?

 

A: The law in New York requires that an expert physician review the records in order to confirm the validity of a meritorious case. In fact, your attorney must submit an affirmation to the Court at the start of your lawsuit confirming that he has consulted with a physician who has reviewed the relevant facts, and reasonably believes there is a valid basis for proceeding forward with a case. Despite many efforts by defense counsel to compel disclosure of the name of the expert who reviews the case initially, the Courts have refused to order such disclosure.