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If you’re considering a medical malpractice lawsuit in New York, you may have heard about a procedural requirement that involves submitting a certificate of merit along with your claim. This document plays an important role in how your claim moves forward, so it’s worth understanding exactly what it is and the legal requirements that apply.
What Is a Certificate of Merit?
If you intend to file a medical, dental, or podiatric malpractice claim, New York law requires your attorney to file a certificate of merit alongside your malpractice complaint (CPLR § 3012-a). This certificate confirms that your attorney has consulted with a qualified medical professional who reviewed the facts of your case and determined that a reasonable basis exists for the claim. In short, it’s a formal statement that someone with relevant medical knowledge believes your case has merit before it proceeds through the court system.
Why New York Requires a Certificate of Merit
State lawmakers created the certificate of merit requirement to filter out malpractice claims that lack a legitimate medical basis before they reach a courtroom. The certificate requirement protects healthcare providers from frivolous lawsuits and encourages malpractice attorneys to evaluate each case’s strength early on, rather than after months of litigation. As a plaintiff, this requirement also ensures that a qualified expert has already weighed in on the merits of your claim, which lends credibility to your case from the outset.
When Must the Certificate Be Filed?
New York law generally requires your attorney to file a certificate of merit within 90 days after filing the complaint. The law gives attorneys three options for providing this certification:
- They can confirm that they consulted with a qualified physician who found a reasonable basis for the claim
- They can attest that they made three separate good-faith attempts to consult with a physician without success
- They can state that they filed the certificate without a prior consultation because the statute of limitations was about to expire
What Happens If You Fail to File a Certificate of Merit?
A missing or incomplete certificate of merit doesn’t automatically invalidate a malpractice case. Courts in New York have shown some flexibility on the requirement. For example, if your attorney requests medical records from a provider for your claim, and the provider fails to produce those records, your lawyer doesn’t have to file the certificate of merit until 90 days after receiving the records. That said, incomplete filings can create delays and invite additional scrutiny from the court. A well-prepared attorney can take steps to meet this requirement correctly the first time and prevent unnecessary setbacks for your case.
How Malpractice Attorneys Prepare Certificates of Merit
The process of preparing a certificate of merit starts with your attorney conducting a detailed review of medical records, imaging, and other documentation related to the alleged malpractice. Next, they retain a qualified medical expert in the relevant field to assess whether the treatment you received fell below the accepted standards of care. If the expert finds a reasonable basis for your claim, your lawyer can move forward and file the certificate along with your complaint.
Contact The Law Firm of Lawrence M. Karam, PC
Medical malpractice cases involve many strict deadlines and specific procedural requirements, and the certificate of merit is just one example. That’s why you need and deserve representation from an experienced malpractice attorney if you believe you have a claim. The Law Firm of Lawrence M. Karam, PC, has decades of experience handling New York medical malpractice claims and is here to provide the clear guidance you need from your first consultation onward. Contact our office today to get started with your free case evaluation and learn more about how we can help you demand the recovery you are due.