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Do you need a certificate of merit in medical malpractice claims?

On Behalf of | May 17, 2023 | Medical Malpractice

Those who work in the medical profession are held to high standards when treating the sick and injured. They must practice caution in diagnosing and treating patients to avoid worsening a condition or creating a separate injury.

Sometimes these trained and educated professionals fail in their oath to care adequately for the sick. When this happens, those injured through negligence can seek satisfaction with a medical malpractice claim.

What is the purpose of a certificate of merit?

Some states, including New York, require the plaintiff’s legal counsel to submit a certificate of merit along with the original complaint. These certificates help courts weed out and quickly end frivolous or non-meritorious claims.

Who can complete the certificate?

Your legal representative must consult with at least one medical expert qualified to assess your circumstances and determine if you have grounds for a claim. The expert must be a licensed medical professional and hold a position equal to that of the practitioner that harmed you. Your counsel can inform you if your case requires more than one certificate.

What cases require certificates?

Under New York civil law, those harmed by medical, podiatric and dental practitioners must include a certificate when filing malpractice claims. The law states that a licensed attorney must execute a certificate of merit, meaning that it is not generally something you can handle yourself.

What damages can you obtain through your claim?

A successful medical malpractice claim generally yields economic damages for your medical expenses, prescription fees, lost wages and other financial losses. You may also obtain a non-economic award by proving you experience extraordinary injury effects, such as losing marital relations.

Whatever your experiences, experienced legal guidance can help you pursue fair compensation for your losses.