Medical malpractice is a stressful and devastating issue affecting countless individuals in New York annually. When seeking justice for medical negligence, one crucial document comes into play: a Certificate of Merit.
But what is a Certificate of Merit? In this article, we dive into what it is, why it holds such importance in a medical malpractice case, exceptions to when it may not be required, and whether or not possessing a Certificate of Merit is a guaranteed win.
What Is a Certificate of Merit in New York?
When it comes to New York medical malpractice cases, a Certificate of Merit is a document that plays a pivotal role when initiating legal proceedings against a healthcare professional or institution. It serves as an affidavit, claiming that there is a reasonable basis for the plaintiff’s claim of medical malpractice.
Simply, it is a way to ensure that the lawsuit isn’t frivolous or baseless. The Certificate of Merit must be submitted with the initial complaint or within 90 days of filing the complaint, depending on the circumstances.
The Importance of Obtaining a Certificate of Merit
Obtaining a Certificate of Merit is the critical first step in ensuring the credibility and viability of a medical malpractice case in New York. Here are some reasons why a Certificate of Merit is essential to your medical malpractice case.
- Legal Requirement — New York law mandates the submission of a Certificate of Merit in medical malpractice cases. Failing to provide one can result in the dismissal of your case.
- Establishes Credibility — The Certificate of Merit adds an essential layer of credibility to a medical malpractice case. Presenting a Certificate of Merit demonstrates to the court and the defendant that your allegations are not arbitrary and are supported by a medical professional’s evaluation.
- Reduces Frivolous Lawsuits — Without the requirement for a Certificate of Merit, the legal system could be inundated with baseless lawsuits, wasting time and resources for all parties involved. By mandating this document, the courts help filter out cases that lack substantial evidence of medical malpractice.
- Expert Testimony — Obtaining a Certificate of Merit means you have consulted with a medical expert who has reviewed your case, believes it has merit, and is willing to testify in court if necessary. This expert testimony is valuable in establishing the standard of care and demonstrating how the defendant deviated from it, which is crucial in a medical malpractice claim.
- Encourages Settlements — Since a qualified medical professional has reviewed our case and found merit, this can prompt defendants to consider a settlement. This can save time and money for both parties.
Exceptions to the Certificate of Merit Requirement
While a Certificate of Merit is usually required in New York medical malpractice cases, there are some exceptions when it may not be necessary.
- Emergency Situations — In cases of medical emergencies where immediate treatment is needed to save a patient’s life, a Certificate of Merit may not be required. The focus is on addressing the emergency rather than initiating legal proceedings.
- Statute of Limitations Expiration — If the statute of limitations is about to expire, and obtaining a Certificate of Merit would cause a delay that would jeopardize the case, the court may grant an extension to obtain the certificate.
- Foreign Object Cases — In situations involving foreign objects, like if a surgical instrument is left inside a patient’s body, you may not need a Certificate of Merit because the negligence is evident.
- Court’s Discretion — In certain circumstances, a court might have discretionary powers to waive or modify the Certificate of Merit requirement.
Please note that laws and regulations can change, and exceptions may vary. Consult a qualified medical malpractice attorney for the most up-to-date information on Certificate of Merit requirements.
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Talk to New York’s Top Rated Medical Malpractice Attorney Today
Possessing a Certificate of Merit does not guarantee victory in a medical malpractice case. It is a crucial document, but several other factors like strength of evidence, legal arguments, and strategies by both parties and the jury and judge all come into play during litigation. To navigate the complexities of medical malpractice law effectively, seek out the guidance of a qualified medical malpractice attorney.
Attorney Steve Newman has practiced law in state and Federal courts in New York and New Jersey for over three decades, with experience in personal injury, medical malpractice, construction litigation, and more. With a vast network of board-certified physicians to analyze and determine if medical malpractice has occurred in your case, Attorney Steve Newman is here to help protect your rights and guide you through your case.
If you or a loved one has been a victim of medical malpractice in New York, don’t hesitate to take action. We provide free phone consultations to identify your legal options and are here to protect you. Contact us today.
