What Is A Certificate Of Merit In A Medical Malpractice Lawsuit?

There are some special rules that must be followed when a Buffalo personal injury attorney intends to file an action for medical, dental or podiatric malpractice.  One of these rules is that in addition to filing and serving a complaint to officially initiate the legal action, he or she must execute and submit a document known as a certificate of merit. 
 
The certificate of merit must state that the attorney has reviewed the facts of the case and has consulted with at least one physician in medical malpractice actions, at least one dentist in dental malpractice actions or at least one podiatrist in podiatric malpractice actions who is licensed to practice in this state or any other state and who the attorney reasonably believes is knowledgeable in the relevant issues.  The certificate must further state that based on this review and consultation, the attorney has concluded that there is a reasonable basis for the action.
 
Because it can sometimes be difficult to locate a physician who is willing to testify against a fellow physician in a medical malpractice lawsuit, the law allows that if the required consultation cannot be obtained, the attorney may submit a certificate stating that he or she was unable to obtain the required consultation because the attorney had made three separate good faith attempts with three separate physicians, dentists or podiatrists to obtain such consultation and none of those contacted would agree to such a consultation.
 
If an attorney does not have time to obtain a medical malpractice certificate of merit prior to filing a complaint because of a limitation of time, he or she may file it within ninety days after serving the complaint.