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What is a certificate of merit in New York medical malpractice case?

 

A:

Unlike a car accident case which could be started a day or two after an accident happens, a medical malpractice case in New York is entirely different. We are required by law to do a thorough investigation and have your records reviewed by a qualified medical expert to confirm that you have a valid basis for case.

The attorney must then certify to the court that he has spoken with a qualified medical expert who has determined that there is a valid basis to proceed forward.

The expert must confirm that (1) there was wrongdoing, (2) that the wrongdoing caused injury and (3) the injuries are significant or permanent.

Only then are we permitted to file a lawsuit on your behalf.

A certificate of merit is a document prepared by the attorney and submitted to the court certifying that we have had the matter evaluated by a medical expert who believes there is a valid basis to start the lawsuit.