Think of a certificate of merit as a medical second opinion for your lawsuit. Just as you might seek another health care provider’s view on a diagnosis, this document ensures that a licensed doctor has reviewed your case before it goes to court. It’s a required step in New York, serving as a professional validation of your medical malpractice claim.
It establishes credibility
A certificate of merit makes sure that there is a reasonable basis for the lawsuit before it goes to court. Specifically, the document can:
- Protect health care providers from unfair lawsuits while allowing legitimate cases to move forward
- Improve the quality of lawsuits by involving medical experts early on, which helps lawyers better grasp the complex medical issues involved
- Help courts move more efficiently by removing lawsuits with no strong medical basis
- Affect early settlement discussions by showing the defendant that a licensed professional has looked at and approved your claim
This rule balances patients’ rights to seek compensation for actual malpractice while protecting health care providers from false claims.
Deadlines can be flexible
Ideally, attorneys should file the certificate of merit with the complaint. However, if they cannot secure the necessary consultation before the time limit for filing the lawsuit expires, they may file the certificate within 90 days after serving the complaint. It’s crucial to file this certificate within the required timeframe. Failing to do so may result in the court dismissing your case, though typically without prejudice. This means you could refile if you’re still within the legal time limit for your claim.
Confidentiality protections are in place
New York law strongly protects the identity of the consulted professional. It does not require attorneys to disclose the physician’s identity. The consultation contents also remain confidential. This protects them from any potential retaliation or pressure. However, if your attorney claims they couldn’t obtain a consultation after three attempts, the court may require disclosing the names of physicians who refused.
You don’t have to face this alone
The thought of legal action might seem daunting, especially while healing from an injury. However, know that there are legal professionals who can shoulder much of the burden for you. You deserve to have your story heard and your rights protected.