What is a Certificate of Merit?

 

A: In a medical malpractice lawsuit in New York, before a lawyer is permitted to file a lawsuit on behalf of an injured victim, we must obtain confirmation of the malpractice by a physician who has either treated the patient or reviewed all of their records. The physician must confirm that there were departures from good and accepted care; they must confirm that the wrongdoing caused injury, and must confirm that the injuries are significant and/or permanent.

Once we have obtained confirmation from a medical expert that there is a valid basis to proceed forward with the case, then the attorney must prepare a “certificate of merit” to let the court know that he has consulted with a physician who confirms the case has merit. This document is signed by the attorney and submitted to the court along with the papers that start the lawsuit known as a summons and complaint.

Gerry practices law exclusively in the State of New York. Within New York he practices primarily in the following counties: New York, Brooklyn, Queens, Bronx, Staten Island, Nassau and Suffolk. Technically, Brooklyn is known as "Kings County," and Manhattan and New York City are known as "New York County." Staten Island is known as "Richmond County." These counties make up the New York metropolitan area.