Why are med mal cases difficult to prosecute?
Why are med mal cases difficult to prosecute? Medical malpractice claims essentially apply the same legal principle used in lawsuits based on negligence. This essentially involves aberration from a requisite duty of care. However, in most jurisdictions, including New York, there is an element unique to medical malpractice lawsuits. This is the element of the certificate of merit.
The certificate of merit is codified under New York Civil Practice Law & Rules, in CPLR 3012. This law requires that a legal action based on medical, dental, or podiatric malpractice include a certificate executed by the plaintiff's attorney declaring that they have reviewed the facts of the case and consulted with at least one licensed physician, dentist, or podiatrist. Based on this consult, the attorney believes that the action has a reasonable basis.
The certificate of merit is codified under New York Civil Practice Law & Rules, in CPLR 3012. This law requires that a legal action based on medical, dental, or podiatric malpractice include a certificate executed by the plaintiff's attorney declaring that they have reviewed the facts of the case and consulted with at least one licensed physician, dentist, or podiatrist. Based on this consult, the attorney believes that the action has a reasonable basis.