If you believe that you’ve been injured due to the negligence of a doctor or other medical provider, you should consult with an attorney to see if you have a case for medical malpractice. A medical malpractice case is one involving allegations that a healthcare provider violated the standard of care when treating a patient resulting in an injury. Pursuing a medical malpractice claim in New York can be a complicated and involved process requiring the expertise of an experienced attorney. Unlike other types of negligence cases, under New York Civil Practice Laws and Rules section 3012-a, your attorney is required to file a certificate of merit at the time the lawsuit is filed.
What is a Certificate of Merit?
A certificate of merit is a document signed by your attorney indicating that they have consulted with a medical professional about the merits of your medical malpractice case and believe, based on this consultation, that there is a reasonable basis for the claim.
In consulting with a medical professional about your claim, your attorney will usually forward your medical records to the physician for review. The consulting physician should be one in the same field as the one who may have caused the injury. The physician will determine whether he or she believes, based on the records reviewed, that there was a deviation from the standard of care. Once this expert opinion has been obtained, your attorney can certify that there is a reasonable basis for the lawsuit.
What if the Statute of Limitations is About to Expire?
If you are close to the expiration of the statute of limitations, the law permits your attorney to file suit stating that the certificate required could not reasonably be obtained before such time expired. When this is done, the law requires the attorney to file a Certificate of Merit within ninety (90) days of the filing of the complaint.
Consult with an Experienced Medical Malpractice Attorney
If you believe you’ve been injured due to the negligence of a medical professional, you should have an experienced attorney evaluate your case. Medical malpractice cases are complex and at Bonina & Bonina, P.C., we have successfully fought for New Yorkers injured due to medical malpractice for over 50 years. Contact us online or call us at 1-888-MED-LAW1 to schedule your free consultation. Home and hospital visits available. Se habla espaňol.